Hearing review.

[TonyG]

This is just a general question about employment judges reviewing their decision so doesn't need tagging onto my previous threads.

If the employer and employee cant agree on a vital issue which would tip the outcome either way, but there is indisputable evidence to support one of them, and the existence of this evidence is made known to the judge prior to the review, would the judge have to view this evidence or, would it be reasonable for him not request the evidence and make his decision based on who gave the more convincing argument at the review?

[Ripped-Off]

Re: Hearing review.

Unless I am mistaken I thought the judge would only review the evidence in the trial bundle, that is evidence that both parties have exchanged and intend to rely on.

Any evidence that has not been exchanged or disclosed may not be admissible unless the court orders that it can be admitted.

[TonyG]

Re: Hearing review.

"The original decision shall be reconsidered at ahearing unless the Employment Judge considers, having regard to any viewsprovided that a hearing is not necessary in the interests of justice. If thereconsideration proceeds without a hearing the parties shall be given areasonable opportunity to make further written representations."

From the above I assumed further written representation meant you could put forward things that had not been previously said, which would amount to new evidence. If that is the case when a hearing is not necessary, then it would stand that if a hearing was necessary that new evidence could be put forward. Maybe I misunderstand the above.

[ecclescake]

Re: Hearing review.

Hey Tony G, have been reading your thread and wondered if you had heard anything from the tribunal yet and how things were going?
I am in the midst of a reconsideration application myself and am still waiting to hear, it's not fun!
I also sent some new evidence in after reading about an EAT case which said that new evidence should be presented via a reconsideration application rather than an appeal, so I just sent it in along with the application as it counteracts something that was said in court.

[TonyG]

Re: Hearing review.

I attached new evidence to my request for review. I only know the review is happening because I was asked to complete a fees remission form a few weeks later. Since then I haven't heard a thing, but then it took nearly four months before a date was set for the tribunal hearing itself. I'm guessing it will be about the same wait for a review.

[ecclescake]

Re: Hearing review.

. I only know the review is happening because I was asked to complete a fees remission form a few weeks later. .

Well done!! Most of the battle I suspect is getting the Judge to agree to look again. I did read that a reconsideration request will be dismissed if there is no prospect of the tribunal changing their decision in any way, so it looks a bit more positive for you!

Not sure how you feel with yours, I just want this whole thing for me to be over now, but at the same time I cannot stand the injustice of the tribunals decision. My husband and children have had enough of me spending so much time dealing with tribunal stuff now, it's almost driven me insane.

Good Luck, let us know how things go.

[charitynjw]

Re: Hearing review.

"The original decision shall be reconsidered at ahearing unless the Employment Judge considers, having regard to any viewsprovided that a hearing is not necessary in the interests of justice. If thereconsideration proceeds without a hearing the parties shall be given areasonable opportunity to make further written representations."

From the above I assumed further written representation meant you could put forward things that had not been previously said, which would amount to new evidence. If that is the case when a hearing is not necessary, then it would stand that if a hearing was necessary that new evidence could be put forward. Maybe I misunderstand the above.

'New evidence' is that which was not known, or could not have been reasonably known, at the time of the original hearing.

It must also be likely to have an important influence on the result of the case, had it been known at the time of the original hearing.

[TonyG]

Re: Hearing review.

Not sure how you feel with yours, I just want this whole thing for me to be over now, but at the same time I cannot stand the injustice of the tribunals decision. My husband and children have had enough of me spending so much time dealing with tribunal stuff now, it's almost driven me insane.

Good Luck, let us know how things go.

Ive done more work dealing with the whole tribunal stuff then I did when I was working! It does take over your life and I didn't realise how much until I lost the case. I think I annoyed everyone around me as all I was concerned about was the Tribunal, I lived and breathed it and didn't talk about anything else. Every five minutes id say what about this or what about that, or I'd notice something else that the employers witnesses said that contradicted something else they said, or Id spot something that wasn't right.

Losing actually cleared my mind of everything, and I felt a weight lifted off my shoulders. I could now forget it and move on. Then I found out about requesting a review, but this time I approached it differently and didn't let it take over and consume me. I made my argument for a review and left it at that. I come on here a few times asking a question or two but the issue hasn't taken over my life this time because quite frankly I don't really care that much about it, the worst has been done and they cant do any more to me. I'm just exhausting this route as it was an option that came to light and I had nothing else to lose by taking it; so might as well. I have very low expectations this time around and wont be devistated if it doesn't go my way again. At least they will have had a few more months of worry that it might go against them