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
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