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Palihakkara v British Telecommunications Plc - New evidence that was available for original hearing not admitted at appeal [2009] EAT

New evidence will not be admitted either at a review or an appeal where it was readily available prior to the original hearing.

Ms Palihakkara brought some 40 claims of discrimination and breach of contract, of which only one (a breach of contract claim in relation to the handling of a grievance) was upheld. Accordingly Ms Palihakkara launched an appeal andĀ applied forĀ a review, seeking to introduce a wealth of new evidence. An employment judge (EJ) rejected the application: she had been represented by a QC and was aware of the evidence, which could have been put before the original tribunal.

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