At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
MR P A L PARKER CBE
MRS M T PROSSER
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
FULL HEARING
For the Appellant | The Appellant in Person |
For the Respondent | MR D BASU (of Counsel) Messrs Morgan Cole Buxton Court 3 West Way Oxford OX2 0SZ |
JUDGE CLARK
"I stated that I would like to mention one matter which Mr Holder was reluctant to mention, but I prised it out of him. He was currently going through a divorce and having to look after two children. He is suffering from depression and receiving medication. Certainly this may have been a contributing factor when he wrote the memo to Diane."
(1) did the Employment Tribunal err in the exercise of its discretion in excluding that evidence and if so
(2) whether, notwithstanding such an error, the Employment Tribunal decision can be affirmed as being plainly and unarguably correct, or whether the decision is vitiated so that the case must be reheard by a different Employment Tribunal?