The Pensions Regulator v Hermes Parcelnet Ltd: [2021] UKUT 20 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Jacobs on 1 February 2021.
Read the full decision in .
Judicial Summary
鈥淎ppeal against case management decision refusing to exclude evidence of an employment tribunal decision but not admitting its findings of fact.
Rule 15(2) - admitting and excluding evidence - subject to overriding objective - permissible to bypass the question whether the evidence would be admissible in a civil trial.
Argument that judge misdirected herself - important to distinguish language used in a direction and language used in explaining how the tribunal implement the direction.
Danger of taking expressions such as 鈥榮tand in the shoes鈥� of the decision-maker too literally. 鈥�