Hussein v Mitie Security Ltd - EAT allows fresh evidence to be adduced at appeal and explains why
Mr Hussein lost his complaint of age discrimination. However, the crucial evidence which led the employment tribunal to find against him concerned a telephone call. Based on evidence before it, the tribunal found that the call was made on 21 January 2007: this date was different to that which had previously been given in a witness statement. Mr Hussein appealed, arguing that he should be able to offer fresh evidence about whether that telephone call took place. The EAT allowed his appeal.