Can a UK Tribunal Change Rulings with New Evidence?

Question from me, Can a UK Tribunal Change Rulings with New Evidence?

Answer from AI:

In the UK, Employment Tribunals have specific rules and procedures they must follow when considering whether to change a ruling or revisit a dismissed claim. Let’s explore these two questions in detail.

1. Can the Tribunal Increase Compensation or Change Its Ruling?

Employment Tribunals can sometimes change their decisions or increase compensation if new evidence comes to light or if there were procedural errors. However, this is not a straightforward process and involves several considerations:

• Reconsideration of Decisions: Under Rule 70 of the Employment Tribunals Rules of Procedure 2013, a Tribunal can reconsider a decision if it is in the interests of justice. This might occur if:
  1. There was an administrative error.
  2. New evidence has emerged that could not have been obtained with reasonable diligence before the hearing.
  3. There was an error in the application of the law.
• Time Limits: Applications for reconsideration must typically be made within 14 days of the original decision, although extensions can sometimes be granted.
• Appeals: If a party believes the Tribunal made a legal error, they can appeal to the Employment Appeal Tribunal. This is different from reconsideration and focuses on legal mistakes rather than new evidence.

For more detailed information, you can refer to the [Employment Tribunals Rules of Procedure 2013](https://www.legislation.gov.uk/uksi/2013/1237/contents/made).

2. Can the Tribunal Revisit a Dismissed Claim of Direct Discrimination?

Revisiting a dismissed claim, such as one involving direct discrimination, is possible but involves specific legal pathways:

• Reconsideration: Similar to changing a ruling, a dismissed claim can be reconsidered if new evidence is presented that was not available during the original hearing.
• New Evidence: The evidence must be significant enough to potentially change the outcome of the case. It should be something that could not have been discovered with reasonable effort before the original hearing.
• Legal Advice: Given the complexity of discrimination claims, it is advisable to seek legal advice to understand the strength of the new evidence and the likelihood of success in reopening the case.

When to Seek Legal Advice

Given the complexities involved in Employment Tribunal proceedings, it is often beneficial to consult with a legal professional. They can provide personalized advice based on the specifics of your case, help you understand the potential outcomes, and guide you through the process of applying for reconsideration or appeal.

For more information on employment rights and tribunal procedures, you can visit the [UK Government’s Employment Tribunal Guidance](https://www.gov.uk/employment-tribunals).

Remember, while general information can be helpful, each case is unique, and professional legal advice is crucial for navigating the specifics of your situation.