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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

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

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The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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