Blitz v Vectone Group Holdings Ltd - Tribunal entitled to accept untested evidence from witness statement [2011] EAT

Rules precluding hearsay evidence do not apply in the employment tribunals. A tribunal must be aware of the degree of weight which it can properly place on such evidence (such as a witness statement from a witness who does not attend to be cross-examined) but, where there is supporting evidence from other sources such as documents and live evidence, it is perfectly entitled to base its conclusions upon the hearsay evidence.  

Accountant Mr Blitz has, over time, brought a number of employment tribunal claims (as a search on Emplaw Online will show). These claims were for automatically unfair dismissal for having made either protected, or health & safety related, disclosures. An employment tribunal found that he had suffered detriment in two specific respects, but that his claims of unfair dismissal were unfounded - his dismissal was for poor performance and poor judgment in his work.

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