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18-11-2014

Guess What? Employment Tribunals should not search the internet for facts or evidence that neither the claimant nor the respondent has put forward.

An Employment Tribunal heard evidence on a preliminary issue of disability and retired to consider its decision.

It then researched the Internet. It was unclear why it had done so since what was found was of dubious relevance, though it may have appeared it was trying to find evidence which might favour the Claimant.

Having returned into the hearing, it told the parties what it had found out. It then asked further questions, appearing to accept uncritically the accuracy and reliability of what had been discovered.

Unsurprisingly the Employment Appeal Tribunal took a dim view, observing that "A Judge’s job is to adjudicate impartially on a dispute between the parties in the case before him. It is not to advocate the case for either".

For full details, click here.

 

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information contained.

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