Employment Appeals Tribunal refuses new evidence


Published: 25 October 2007

A worker has won the right to compensation for his sacking after being accused of poaching customers from his employer and starting up his own rival firm. The employer lost the case despite a tribunal finding 'powerful evidence' in the employer's favour.  The Employment Appeals Tribunal (EAT) told the employer that new evidence, which it said was powerful, would not be admitted because it should have been presented at the original hearing of the Employment Tribunal. "If this evidence had been available at the remedy hearing, it would have been very powerful evidence indeed," said Justice Burton, delivering the EAT's ruling. "The courts, both in the High Court and County Courts and in Employment Tribunals, set their face against second bites of the cherry," he said. "It is in the interests of the public that justice be seen to be done only once, and that so far as possible all evidence be brought forward on the one occasion."

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