ON APPEAL FROM the EMPLOYMENT APPEAL TRIBUNAL
MR JUSTICE WILKIE sitting with two lay members
Strand, London, WC2A 2LL
B e f o r e :
LADY JUSTICE SMITH
LORD JUSTICE ELIAS
| THE GOVERNING BODY OF ST ANDREW'S CATHOLIC PRIMARY SCHOOL
|- and -
Ms Naomi Cunningham (instructed by Irwin Mitchell LLP) for the Respondent
Hearing dates : 6 April 2011
Crown Copyright ©
Lord Justice Elias :
"I am enrolled in the final year and plan to complete the Master's degree in 2008".
"The Respondents also contend that the fact that the Claimant pursued this course is inconsistent with an assertion that she is unlikely to continue to work in education in the future. The Respondent's submissions however appeared to be based on the premise that the Tribunal should reject the Claimant's evidence that she was only enrolled on this course until about June 2007. However, there is no evidence that the Claimant continued this course beyond that date." (emphasis added.)
Grounds of appeal to the EAT.
The grounds of appeal.
"To justify the reception of fresh evidence or a new trial three conditions must be fulfilled: First, it must be shown that the evidence could not have been obtained with reasonable diligence for use at the trial; secondly, the evidence must be such that, if given, it would probably have an important influence on the result of the case, though it need not be decisive; thirdly, the evidence must be such as is presumably to be believed, or in other words, it must be apparently credible, though it need not be incontrovertible."
Lady Justice Smith:
The Master of the Rolls: