Walker v Barnes

Walker v Barnes

The chairman of the Employment Tribunal correctly applied the Ladd v Marshall test and 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; therefore, the refusal to review was not perverse or erroneous in law.

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, Admissibility of New Evidence, Contribution to Dismissal
Employment Law Unfair Dismissal Employment Status Review of Tribunal Decisions Admissibility of New Evidence Contribution to Dismissal

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 chairman of the Employment Tribunal correctly applied the Ladd v Marshall test and 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; therefore, the refusal to review was not perverse or erroneous in law.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Costs awarded in the sum of £280