Telewest Communications v Smallcombe [2000] UKEAT 1496_98_1805 (18 May 2000)

Telewest Communications v Smallcombe [2000] UKEAT 1496_98_1805 (18 May 2000)

The Tribunal unanimously held that the fresh evidence satisfied all three limbs of the Ladd v Marshall test: it was not obtainable with reasonable diligence, would probably have had an important influence on the result, and was apparently credible. The case was remitted to the Employment Tribunal for rehearing. The...

Source-derived case information.

Citation
[2000] UKEAT 1496_98_1805
Parties
Appellant: Telewest Communications; Respondent: Mr Brett Smallcombe
Jurisdiction
United Kingdom
Judgment Date
18 May 2000
Procedural Posture
Employment Appeal Tribunal / Appeal Against Employment Tribunal Decision on Constructive and Unfair Dismissal and Compensation
Outcome
Appeal allowed; case remitted for rehearing; respondent withdrew claims; nominal costs awarded to appellant.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Fresh Evidence on Appeal, Remittal for Rehearing, Costs Orders
Employment Law Constructive Dismissal Unfair Dismissal Fresh Evidence on Appeal Remittal for Rehearing Costs Orders

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Summary, issues, holding and outcome

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Parties

Telewest Communications

Appellant

Mr Brett Smallcombe

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Employment Tribunal Decision on Constructive and Unfair Dismissal and Compensation

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal under the Ladd v Marshall principles
  2. 2 Whether the Employment Tribunal's findings on liability and quantum were affected by the absence of this evidence
  3. 3 Whether the respondent deliberately suppressed material evidence

Ratio Decidendi

The Tribunal unanimously held that the fresh evidence satisfied all three limbs of the Ladd v Marshall test: it was not obtainable with reasonable diligence, would probably have had an important influence on the result, and was apparently credible. The case was remitted to the Employment Tribunal for rehearing. The respondent subsequently withdrew his claims, and the Tribunal ordered him to pay nominal costs of £500 to the appellant for the appeal hearing, finding the appeal was unnecessarily resisted given the clear applicability of the Ladd v Marshall principles.

Court Disposition

Appeal allowed; case remitted for rehearing; respondent withdrew claims; nominal costs awarded to appellant.

Orders

  • Case remitted to Employment Tribunal for rehearing (subsequently unnecessary due to withdrawal)
  • Respondent to pay £500 costs to appellant within 28 days