Selley v. Robert Bosch Ltd [2000] EAT 338_99_2703 (27 March 2000)

Selley v. Robert Bosch Ltd [2000] EAT 338_99_2703 (27 March 2000)

Leave is granted for the appeal to proceed, limited to the four-page statistical document, provided the appellant submits an affidavit detailing the circumstances of receipt and unavailability of the evidence at the original hearing. The Tribunal must consider whether the evidence is cogent and could materially affect the original decision.

Citation
[2000] EAT 338_99_2703
Parties
Appellant: Mrs Selley; Respondent: Robert Bosch Ltd
Jurisdiction
United Kingdom
Judgment Date
27 March 2000
Procedural Posture
Employment Appeal / Preliminary Hearing – Ex Parte
Outcome
Leave granted for appeal to proceed, limited to specific fresh evidence
Legal Topics
Review of Tribunal Decision, Fresh Evidence, Unfair Dismissal, Sex Discrimination, Race Discrimination, Breach of Contract
Employment Law Review of Tribunal Decision Fresh Evidence Unfair Dismissal Sex Discrimination Race Discrimination Breach of Contract

Case Brief

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Parties

Mrs Selley

Appellant

Robert Bosch Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether fresh evidence warrants a review of the Employment Tribunal's original decision
  2. 2 Whether the statistical information received post-hearing is cogent and relevant
  3. 3 Whether the evidence was reasonably available at the original hearing

Ratio Decidendi

Leave is granted for the appeal to proceed, limited to the four-page statistical document, provided the appellant submits an affidavit detailing the circumstances of receipt and unavailability of the evidence at the original hearing. The Tribunal must consider whether the evidence is cogent and could materially affect the original decision.

Court Disposition

Leave granted for appeal to proceed, limited to specific fresh evidence

Orders

  • Appellant to lodge and serve an affidavit on the Respondent within 7 days detailing circumstances of receipt and unavailability of the four-page statistical document.
  • Case to be listed for full hearing as Category C, estimated time 1 hour.