22 January 2009
Switalski v F&C Asset Management Plc [2009] All ER (D) 06 (Jan)
It is exceptional to send a remitted hearing back to the same tribunal. However, in the case of a review on the ground of fresh evidence (r 34(3) of the Employment Tribunals Rules of Procedure 2004 (SI 2004/1861)), even though such a review does not have to take place before the same tribunal that reached the original decision, it is likely to be sent back to the same tribunal to see whether the fresh evidence makes any difference to that tribunal’s earlier conclusions.
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