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04 October 2007
Issue: 7291 / Categories: Legal News , Tribunals , Employment
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No second bite of the cherry, EAT rules

News

Employment tribunal parties can not introduce fresh evidence as a ground for appeal, the Employment Appeal Tribunal (EAT) has confirmed.
In Hygia Professional Training v Cutter an employee was sacked for trying to poach customers while still employed. At the original tribunal hearing, the employer put forward no firm evidence of the poaching, claiming it was not aware it had to do so.

After its case was dismissed, the employer obtained four witness statements which, if accepted, would be quite compelling evidence that the ex-employee had been approaching clients to solicit work while still employed.

The EAT, however, ruled that this did not mean the employer could have a second bite at the cherry even if the new evidence was both credible and relevant: the employer should have produced the evidence at the initial hearing and neither ignorance nor possibly incompetent advice from the employer’s employment consultants changed this.

Jeremy Nixon, a consultant in the employment team at Bird & Bird, says the EAT’s judgment in this case is unlikely to surprise many employment lawyers.

“As the EAT made clear, there are significant public policy factors which support the principle that cases should, subject to the right to appeal on specific points, be heard only once. The case highlights the fact that parties and their advisers must ensure that all relevant evidence is placed before the tribunal at the initial hearing as they cannot rely on having a ‘second bite at the cherry’. As with many things, preparation for tribunal hearings is the key to success.”

Issue: 7291 / Categories: Legal News , Tribunals , Employment
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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