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Hiero v Changework Now Ltd - Review of Tribunal decision required "in the interests of justice" [2011] EAT

Allegations  of manipulation of evidence presented at a Tribunal hearing, supported by documentary evidence acquired after the hearing,  are sufficient to support a review of the Tribunal's decision under the Employment Tribunals Rules of Procedure Rule 34(3)(e), even if they do not constitute "new evidence" under Rule 34(3)(d).

Editor's note: Please click here for the Employment Appeal Tribunal judgment on another aspect of this case.

On 17th October 2007 Mr Hiero received an offer of a job with Changework Now Ltd, an online recruitment consultancy. On 23rd October he was advised that the offer had been withdrawn. Mr Hiero alleged that this withdrawal amounted to disability-related discrimination: he contended that Changework Now Ltd had become aware, via its standard pre-employment health questionnaire which he had completed and returned, that he suffered from dysphoria, an anxiety condition. Changework Now Ltd denied this, alleging that it had withdrawn Mr Hiero's job offer following a management meeting on 23rd October at which a significant downturn in business had been discussed.

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