Procedure for Fresh Evidence

The employee in the case of Adegbuji v Meteor Parking Ltd failed in his appeal against the tribunal`s decision to dismiss his claim on the basis of fresh evidence.

The employee in this case had brought a number of claims including unfair dismissal, breach of contract and race discrimination.    The employer challenged whether the tribunal had jurisdiction to hear some of the claims as the employee had not raised a grievance in respect of his claims.   

The employee had sought to introduce evidence from his line manager at the appeal to prove that his grievances had been passed to him.

The EAT held that the right course to take in seeking to have a decision of a tribunal overturned on the basis of fresh evidence was to apply to the tribunal for a review.  In doing so and in genuine fresh evidence cases, it would then normally be justified to extend time to hear a review.  The EAT can only hear appeals on matters of law, with jurisdiction only to correct errors of law decided by a tribunal.