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Unfair dismissal: Appeal hearing evidence could be taken into account

This report relates to 1 case(s)

  • expand disabled

    Colebourn v Arriva North West & Wales [2005] All ER (D) 362 (Nov) EAT (0 other reports)

Key points

In Arriva North West & Wales v Colebourn UKEAT/0439/05/MAA, the EAT holds:

  • The employment tribunal erred in excluding additional evidence that was adduced at a second internal appeal on the grounds that it could be taken into account only if there was a complete re-hearing.
  • It is well established that, in determining whether or not a dismissal is fair, an employment tribunal must have regard to material that emerges during the course of an internal appeal process.