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Fresh Evidence

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary]

The EAT (Underhill P) has handed down its decision in Adegbuji v Meteor Parking, which is authority for the proposition that the EAT might not have jurisdiction to hear fresh evidence appeals as no error of law arises where a Tribunal makes a decision on the evidence before it. The EAT can only hear appeals on matters of law, not fact.

The President suggested that the proper course for a litigant with fresh evidence is to apply to the Employment Tribunal for a Review under Rule 34 (3) (d), and that in genuine fresh evidence cases, it would normally be just to extend time to hear a Review. Furthermore, an Employment Tribunal will normally be better placed to apply the second and third questions of the Ladd v Marshall test.

The President hoped that fresh evidence appeals would be stayed pending review applications unless pertinent to other issues under appeal.

The appeal against a grievance-related jurisdictional point was dismissed.