Corporate Law In The UK
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On 28 November 2012 Pay and Benefits Magazine published an article with regards to the employment tribunal hearing of Harrold v North Bristol NHS Trust  All ER (D) 13 (Oct).
The article tells us that "An issue arose as to whether the tribunal had erred in refusing an adjournment". It goes on to say "The employee who was a nurse presented a claim before the employment tribunal alleging victimisation. The proceedings arose out of the referral of the employee to the Nursing and Midwifery Council (NMC). As a case management discussion November 2010 it was clarified that the issues in the claim or whether the employer had: (i) victimise the employee by giving false evidence to the MMC that caused her to be struck off; and (ii) directly discriminated against her in reporting her to the NMC."
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The above-mentioned article further explains that "At the liability hearing the employment tribunal refused the employer’s application for an adjournment to allow article further witnesses namely the individuals who had decided to refer the employee to the NMC" but the employer appealed.
It says "The employer contended first that the tribunal had erred in refusing an adjournment because they should have been allowed on the grounds of the introduction of a new protected act and on a new ground not raised before namely the introduction of a hypothetical comparator. Second tribunal had erred in not allowing its two applications for review on the grounds of fresh evidence. Third the appeal tribunal should admit the new evidence under the principle in Ladd v Marshall  which set out conditions for the admission of fresh evidence."
The article concludes "The tribunal had been entitled to reject the application for an adjournment. There was no error of law. An assessment of the proceedings led to the conclusion that the proceedings were fair between the two parties in light of the way in which the employee had chosen to conduct its case . There could be no complaint about the decisions of the judge to refuse the employer’s first review application."
The corporate commercial and employment law specialists at Michael Lewin Solicitors could provide accurate advice that is tailored to suit your business requirements always ensure that you are fully aware of any risks or implications of a chosen course of action before you proceed assist in dispute resolution and provide outstanding commercial litigation services working to ensure the best interests of your organisation in the UK are protected; so speak with our helpful advisers today to discuss the services we offer in further detail on: 0113 200 9720.
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