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Thread: Who is allowed to give evidence against Claimant at ET?

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  1. #1
    TonyG's Avatar

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    Default Who is allowed to give evidence against Claimant at ET?

    I know the Respondent and any witnesses they disclose can give evidence against the Claimant. But is the Respondent's legal rep giving evidence while questioning the Claimant?

    I ask this because in the Judgement against me, the Judge made a finding of fact on information the Respondent's legal rep put to to me during questioning. This information had never been mentioned before and had never been investigated. It was never put to, or mentioned by, the Respondent themselves or their witnesses. It was never put to me during the disciplinary process. The information wasnt submitted under oath by any witness; it was something the legal rep put to me to support a false claim made by the Respondent. I refuted it right away.

    The Judge ignored my answer regarding this information, and instead took this information from the Respondent's legal rep and wove it into his judgement as if it was factual evidence against me. He even referred to this information as a finding of fact.

  2. #2
    mariefab's Avatar

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    Default Re: Who is allowed to give evidence against Claimant at ET?

    No, legal reps are not allowed to introduce new evidence when questioning a Claimant.
    If this was a deciding factor, when you lost, you might consider appealing the judgement.

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