MacLeod v University Court of the University of Glasgow [2019] UKEAT 19_0022_1610 (16 October 2019)

MacLeod v University Court of the University of Glasgow [2019] UKEAT 19_0022_1610 (16 October 2019)

The appeal is refused because the Employment Appeal Tribunal lacks the power to reopen Employment Tribunal orders on the basis of new evidence of expert misconduct, and there is insufficient concrete evidence of misconduct in the appellant's case to justify any remedy.

Source-derived case information.

Citation
[2019] UKEAT 19_0022_1610
Parties
Appellant: Mrs M MacLeod; Respondent: Unknown Respondent
Jurisdiction
United Kingdom
Judgment Date
16 October 2019
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal refused
Legal Topics
Strike Out of Claim, Expert Evidence, Procedural Irregularity, Appeal Procedure
Employment Law Strike Out of Claim Expert Evidence Procedural Irregularity Appeal Procedure

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Summary, issues, holding and outcome

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Parties

Mrs M MacLeod

Appellant

Unknown Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether new evidence of expert's misconduct justifies reopening Employment Tribunal orders
  2. 2 Whether procedural rules allow reopening of orders based on new evidence
  3. 3 Whether appellant's complaints about expert report were raised in time

Ratio Decidendi

The appeal is refused because the Employment Appeal Tribunal lacks the power to reopen Employment Tribunal orders on the basis of new evidence of expert misconduct, and there is insufficient concrete evidence of misconduct in the appellant's case to justify any remedy.

Court Disposition

Appeal refused