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Mott MacDonald Ltd v Rivkin - Effect of lying under oath on weight of explanations provided pursuant to "reverse burden of proof" [2011] EAT

Where a Tribunal has found that a witness has lied in evidence, it must properly set out its reason for so finding and and it must deal with any explanation offered by the witness for the inconsistency which raised its suspicions. The suspicion of lying is reason to test the explanation offered, but not a reason to fail to consider it at all.

Mr Rivkin, who worked for Mott MacDonald Ltd, was told that he was redundant from his job in the sub division in which he worked. He was 60. He was interviewed for another position within the same organisation, but not offered it. He claimed at employment tribunal that he was discriminated against on the grounds of his age.

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