Dealing with New Evidence Arising at an Appeal HearingPosted in : Seamus Says - Employment Law Discussion on 6 September 2019
After dismissing an employee, the employee introduced new evidence at the appeals stage involving their disability. It's the first time we've heard of this alleged disability. To be frank, we're not even sure one exists. But assuming it's genuine, do we have to take it into account?"
It's not a very trusting employer, this one. "We made our decision on the evidence before us. Should we have to take account of this new evidence? Surely it's the employer's decision at the time of dismissal, based on the evidence available to us at the time that counts in Tribunal."
Seamus: Yes. So the question is really around the aspects of appeal. And whenever you're dealing with appeals, it can be very
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More from Seamus Says - Employment Law Discussion
- What standard of behaviour can be inferred in a contract of employment?
- How can employers protect staff from abuse?
- What are the new statutory sick pay rules?
- How can employers manage someone back into the business when they've been off with stress and do not want to engage with HR?
- What is the advice surrounding terminating staff off work with long Covid?
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.