Varma v North Cheshire Hospitals NHS Trust - If EAT remits a case for rehearing the new tribunal is not bound by previous findings of fact [2007] EAT

The EAT has ruled that where it has remitted a case for rehearing to a new employment tribunal, the new tribunal must hear the evidence and reach its own findings of fact in order to determine the remitted question . Specifically the new tribunal is not bound by findings of fact made by the original tribunal.

It should be added that the EAT does not say that the new tribunal cannot take into account that evidence given by a witness before it is inconsistent with his or her earlier evidence.