EAT 3.10 Hearing

[Larrysmith]

Basically trying to prepare for a 3.10 hearing and need guidance on the following:

Does a new point of law and fresh evidence need to be presented at the hearing or prior to the hearing?

 

Can a similar case successful at an employment tribunal be cited where exactly same policy was relied on and the organisation is the same?

 

Is it acceptable to file extract of policy documents in the bundle rather than entire policy documents in order to comply with 100pages requirement.

Edited June 12, 2013 by Larrysmith
make it easier to follow

[Atlas01]

I'm sorry but i cannot follow your post without a concentration level above what is left today after a full days work on some complex issues but i do have to say the way you are describing this issue would be like music to my ears if i was on the other side of your fence.

 

 

Constantly using terms as subordinate ("less than me" is often the way most people see this term when used in a repetitive manner) and constant ET claims would amke you as popular as a **** in a lift in my view

 

My apologies if i have just read this wrongly due to a long day but please can you set out in short bullet point fashion your actual query, it reads to me like one of those old ticker tape messages from the 50's in sci fi movies

 

I am totally lost in what question you are actually asking!

[steampowered]

You cannot produce fresh evidence on appeal. You can only appeal on a point of law (or if the decision reached by the ET was so perverse that no Tribunal could have properly reached on the evidence before it). If new evidence has come to light since the hearing, you would generally apply to the Employment Tribunal to review the decision under rule 34 of the Tribunal rules, not appeal to the EAT.

 

Raising new points of law on appeal is generally not permitted. You are expected to raise your arguments first time round. With an appeal you need to show why the original Tribunal got it wrong. The original Tribunal cannot make a wrong decision on a point of law if they were never asked to adjudicate on that point in the first place.

 

You can cite the case, provided you comply with the rules on citing authorities and file copies at EAT ahead of the hearing ... please review the EAT practice directions for the deadlines. However, do be clear about the relevance of this authority. Authorities are cited support a point of law. It might not give you a great deal of help with your particular case if the facts are different.

 

Yes, it is acceptable to only produce the relevant pages or relevant section of a policy, there is no need to provide irrelevant information.

[Larrysmith]

Thanks for the response.

Could an exception be considered where the fresh evidence is relevant and the respondent failed to disclose at the time.

 

Basically its a 3 part complaint that are inseperable. The judge however declined consolidation because the 3part took place 7months after the first 2.

 

It was at the 3rd hearing very recently the judge discovered the respondent were not being truthfull and ordered any further disclosure to be made while the tribunal took a break.

 

Respondent solicitor came back with vital disclosure relevant to the earlier case and very damaging to the current one.I believe if the earlier tribunal had this disclosure it could well have affected the judgement.

 

I could not possibly have sought a review because I was not aware of the document at the time.It was a document between the solicitor and respondent.

 

Please kindly give if the explanation above would make any difference to fresh evidence.