Walker v Barnes [2004] EWCA Civ 1460 (19 October 2004)

Walker v Barnes [2004] EWCA Civ 1460 (19 October 2004)

The Employment Tribunal chairman was entitled to conclude that the new evidence would not have had an important influence on the outcome regarding the percentage deduction for contributory conduct; his decision was not perverse and did not amount to an error of law.

Citation
[2004] EWCA Civ 1460
Parties
Appellant/claimant: Walker; Respondent/defendant: Barnes
Jurisdiction
England and Wales
Judgment Date
19 October 2004
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Employment Status, Review of Tribunal Decisions, Contribution to Dismissal, Fresh Evidence
Employment Law Unfair Dismissal Employment Status Review of Tribunal Decisions Contribution to Dismissal Fresh Evidence

Case Brief

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Parties

Walker

Appellant/claimant

Barnes

Respondent/defendant

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to review its decision on the basis of new evidence
  2. 2 Whether the new evidence could have had an important influence on the outcome regarding the percentage deduction for contributory conduct

Ratio Decidendi

The Employment Tribunal chairman was entitled to conclude that the new evidence would not have had an important influence on the outcome regarding the percentage deduction for contributory conduct; his decision was not perverse and did not amount to an error of law.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed with costs of £280