Dealing with New Evidence Arising at an Appeal Hearing

Posted in : Seamus Says - Employment Law Discussion on 6 September 2019
Seamus McGranaghan
O'Reilly Stewart Solicitors

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

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This article is correct at 06/09/2019
Disclaimer:

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.

Seamus McGranaghan
O'Reilly Stewart Solicitors

The main content of this article was provided by Seamus McGranaghan. Contact telephone number is 028 9032 1000 or email seamus.mcgranaghan@oreillystewart.com

View all articles by Seamus McGranaghan