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Baiyelo v London Borough of Southwark & ors - No ground for allowing appeal out of time [2011] EAT

A claimant is not entitled to adduce fresh evidence, before either a fresh Tribunal or the Employment Appeal Tribunal, if that evidence was available before the date of the original hearing and would not have affected the Tribunal's decision.

Ms Baiyelo was an employee of the London Borough of Southwark, and was training to be an accountant. In 2005, she had presented herself to Southwark Council as homeless, and had made an application to buy a property under the Council’s right-to-buy scheme. However she did not disclose that she owned a property in Scrooby Street in which she was living. When the Council discovered that Ms Baiyelo had withheld this information, she was summarily dismissed.

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