Does the EAT have the power to re-open orders made by an employment tribunal, other than by the means stipulated in the applicable rules and case law?
No, held the EAT in MacLeod v The University Court of the University of Glasgow.
The Claimant had argued that a Joint Expert Report had misrepresented her position. Her case was later struck out by the tribunal. Some years later she found out that the expert had been struck off by the British Medical Association's disciplinary body for misrepresenting the case of another Claimant in a separate case. She argued this was new evidence which warranted reinstating her case.
The EAT held that it was unable to provide a remedy. The information supplied was not an adequate basis upon which the appeal could be granted or any other order made.
Thanks to Tim Kenward of 7 Harrington Street Chambers for preparing this case summary.