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  1. #1
    neverwouldhaveguessed's Avatar

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    Default New evidence come to light 12 months after tribunal

    Hi. I was sacked from a company over two years ago. I took them to a tribunal for unfair dismissal and they lied their backsides off while giving evidence and I lost my case. I am still friendly with a manager who works for them and he is now going through a similar thing. He feels he is going to get shafted like I did and be dismissed unfairly so has been going through the company system gathering evidence in his defence. While in the system he found documents relating to me so made copies of them and gave them to me. These documents can prove the company lied at my tribunal and had already decided to sack me before the disciplinary hearing.

    If I had these documents at the time of my tribunal it is highly likely I would have won. Is it a case of ‘tough luck’ you lost the tribunal and nothing you can do about it now or, can this new evidence be used in any way to get my case looked at again? Thanks

  2. #2
    Kati's Avatar

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    Default Re: New evidence come to light 12 months after tribunal

    tagging @Ula ... any idea??
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  3. #3
    Ihaterbs's Avatar

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    Default Re: New evidence come to light 12 months after tribunal

    Quote Originally Posted by neverwouldhaveguessed View Post
    Hi. I was sacked from a company over two years ago. I took them to a tribunal for unfair dismissal and they lied their backsides off while giving evidence and I lost my case. I am still friendly with a manager who works for them and he is now going through a similar thing. He feels he is going to get shafted like I did and be dismissed unfairly so has been going through the company system gathering evidence in his defence. While in the system he found documents relating to me so made copies of them and gave them to me. These documents can prove the company lied at my tribunal and had already decided to sack me before the disciplinary hearing.

    If I had these documents at the time of my tribunal it is highly likely I would have won. Is it a case of ‘tough luck’ you lost the tribunal and nothing you can do about it now or, can this new evidence be used in any way to get my case looked at again? Thanks
    Did you request disclosure i.e. DSAR before the tribunal hearing ?

    If they lied under oath it may be that you report this as an offence.

  4. #4
    neverwouldhaveguessed's Avatar

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    Default Re: New evidence come to light 12 months after tribunal

    Quote Originally Posted by Ihaterbs View Post
    Did you request disclosure i.e. DSAR before the tribunal hearing ?

    If they lied under oath it may be that you report this as an offence.
    There was a case management order for disclosure of all relevant documents. Having read these documents i think they were very relevant but they were not disclosed. I also did a subject access request which was not fully complied with. These documents were not included with the ones i was eventually given.

  5. #5
    neverwouldhaveguessed's Avatar

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    Default Re: New evidence come to light 12 months after tribunal

    Anyone?

  6. #6
    Ula's Avatar

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    Default Re: New evidence come to light 12 months after tribunal

    Hi in regard to you question you must appeal within 42 days of the date that either:


    • the decision was sent to you
    • the reasons were sent to you (but only if the Employment Tribunal didn’t provide reasons at the hearing or 
you asked for the reasons within 14 days of the decision being sent to 
you)



    You can ask for an appeal to be considered even if it’s late, but extensions are rarely given, and you must have a good reason. In any case if you had wanted to appeal then it would have to be on the basis that the Tribunal made an error in law or if their decision is ‘perverse’ (i.e. a decision was reached that no ‘reasonable’ Tribunal could have made on the evidence in front of it).
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

  7. #7
    neverwouldhaveguessed's Avatar

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    Default Re: New evidence come to light 12 months after tribunal

    So the answer to my question is nothing can be done about the tribunal decision. I guess its not worth pursuing the employer for lying in court unless i have a bottomless pit of money...which I dont

  8. #8
    Ula's Avatar

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    Default Re: New evidence come to light 12 months after tribunal

    I think you have summed it up very well. Hopefully things have moved on for you in the last 12 months and the best thing is to put this all behind you and save any more expense in what would be a difficult position to argue legally.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

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