Cross v. Hanna & Anor [2001] UKEAT 0976_00_3003 (30 March 2001)

Cross v. Hanna & Anor [2001] UKEAT 0976_00_3003 (30 March 2001)

The proposed fresh evidence failed all three tests for admissibility: it could have been produced earlier, would not have influenced the outcome, and was not apparently credible. The Tribunal's finding that Mrs Hanna was an employee stands.

Citation
[2001] UKEAT 0976_00_3003
Parties
Appellant: Appellant; First Respondent: Mrs Hanna; Second Respondent: Second Respondent
Jurisdiction
United Kingdom
Judgment Date
30 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Redundancy, Unlawful Deduction From Wages, Payment in Lieu of Notice, Holiday Pay, Fresh Evidence on Appeal
Employment Law Redundancy Unlawful Deduction From Wages Payment in Lieu of Notice Holiday Pay Fresh Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Mrs Hanna

First Respondent

Second Respondent

Second Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal
  2. 2 Whether Mrs Hanna was an employee entitled to redundancy and related payments

Ratio Decidendi

The proposed fresh evidence failed all three tests for admissibility: it could have been produced earlier, would not have influenced the outcome, and was not apparently credible. The Tribunal's finding that Mrs Hanna was an employee stands.

Court Disposition

Appeal dismissed