Case report round-up: EAT provides guidance on "fresh evidence" challenges

XpertHR's latest case reports cover:

Tribunal procedure: "Fresh evidence" challenges to tribunal decisions should be dealt with by review not appeal In Adegbuji v Meteor Parking Ltd EAT/1570/09, the EAT dismissed an appeal seeking to challenge a tribunal decision on the basis of fresh evidence because the claimant had failed to show that the evidence could not have been put before the tribunal at the time of the hearing. The EAT also remarked that, in general, the appropriate course for parties seeking to rely on new evidence is to apply to the tribunal for a review. (Employment Review)
Discipline: Consolidation, with the employee's consent, of old and new allegations at a second disciplinary hearing was fair In Pinto v Gloucestershire NHS Primary Care Trust EAT/0351/09, the EAT held that an employer acted reasonably in dismissing an employee for gross misconduct after she agreed that a final written warning should be set aside, and the allegations that led to it considered in a fresh disciplinary hearing, together with a number of new allegations of misconduct. (Employment Review)

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