Submitting further evidence after Employment Tribunal Hearing

[lba40]

Hi Everyone,
Would anyone know if it is possible to submit to the Judge further information following an Employment Tribunal hearing? My ET was Thursday last week and there was a dispute of fact that I raised but was contradicted by the other side. However, I can obtain evidence to prove my fact finding is correct but stupidly didn't submit it before or at the hearing. Do you think I would annoy the judge if I sent him info after the hearing?

Many thnks,
Lba40.

[des8]

Re: Submitting further evidence after Employment Tribunal Hearing

Hi & welcome
I think you might find the answer you need here
http://hmctsformfinder.justice.gov.u...s/t426-eng.pdf

[lba40]

Re: Submitting further evidence after Employment Tribunal Hearing

Hi Des8,
Thank you very much for your reply. Sorry, I should have made it clear that the Judge has made a deferred judgement which I anticipate will be in about 4 weeks time. It's a disability discrimination case and I would be kicking myself if a judgement was made on factual error (which I probably won't be able to appeal against). But I also don't want to annoy the Judge.

Kind Regards,
Lba40.

[des8]

Re: Submitting further evidence after Employment Tribunal Hearing

There seems to be a contradiction in the advice given between this site (http://www.justice.gov.uk/tribunals/employment-appeals)
which states " An appeal must be on a point of law, i.e. it must identify flaws in the legal reasoning of the original decision"
and this site (http://hmctsformfinder.justice.gov.uk/courtfinder/forms/t426-eng.pdf) which states "If you apply for a reconsideration based on new evidence you must explain why the evidence was not available before and include a full statement of the evidence which you want to introduce.".
I really don't know the answer to your query and anticipate others more knowledgeable will be along in due course.
It's a bit quiet on a Sunday evening, so you may have a little wait, but I note one of our employment experts is reading this thread:tinysmile_grin_t:

[lba40]

Re: Submitting further evidence after Employment Tribunal Hearing

Hi Des8,
Thank you again for your reply. Yes, you make a good point on the contradictory advice given in your links. I should make it clear though so I don't waste anyone's time here. What i'm asking is if it would be permissable to submit new evidence to the Judge (via email) before he makes his judgement on my case (as they are still deliberating over it). It hasn't got to the point of reconsideration/appeal yet (hopefully it won't). This is a great site, wish I found it before my hearing.
Best Regards,
Lba40.

[des8]

Re: Submitting further evidence after Employment Tribunal Hearing

In the absence of other advice, my own opinion is that there would probably be no harm in asking the tribunal if you could submit this further evidence. Explain why it wasn't submitted earlier etc etc
You could mention that you are doing it to save court time in the future as it could lead to an appeal as per the formfinder site above
After all the worse that can happen is that it is disregarded, it shouldn't "annoy" them.
Should probably copy the other side in, and tell the tribunal you have done so.

Hang on a bit though as others might have alternative advice