Exclusion of evidence

Case 3: The facts

Planning officer Mr Digby brought a claim of unfair dismissal, part of which related to the fairness of a final written warning he had received some time earlier; his employer had taken this warning into account when deciding to dismiss him. But the tribunal did not allow the fairness of the warning to be discussed, as it did not consider the matter to be relevant to Digby's claim.

The ruling

The Employment Appeal Tribunal (EAT) held that the tribunal was wrong to exclude evidence relating to the final written warning; as this had been taken into account by his employer when dismissing him, it was highly material to Digby's case. A tribunal is entitled to restrict evidence that is unduly repetitive or of only marginal relevance, but it must exercise its discretion carefully.

The EAT rejected the employer's argument that the time to challenge the final written warning was at the time it was given. It also noted that Digby had appealed, and had been told that the decision was final.

Digby v East Cambridgeshire District Council EAT/0522/06