Trinity Barrister's Employment Appeal Tribunal Success

In NGP Utilities Ltd v Ms A Dunnington UKEAT/0315/19/VP, Trinity barrister, Simon Goldberg has succeeded in persuading the Employment Appeal Tribunal (EAT) to overturn the decision of the Employment Tribunal that his client should not be permitted to call further witness evidence concerning the Claimant’s previous dishonesty, at a reconsideration hearing.

Allowing the appeal, Mr Justice Lavender noted that the bar was set high for an appeal against a case management decision, but accepted Simon’s submissions that the Employment Tribunal had taken irrelevant factors into account, had failed to take relevant factors into account, and had failed properly to apply the overriding objective.

In so finding, the EAT also held that, notwithstanding the terms of Rule 41 of the Tribunal Rules of Procedure, the principles relating to the admissibility of evidence in civil proceedings, as set out in O’Brien v Chief Constable of South Wales Police, are applicable when Employment Tribunals are considering whether evidence should be admitted in ET proceedings.

A member of Chambers' Employment, Business and Property teams, Simon also sits as a Crime, Civil and Chancery Recorder. Recent directory entries for his employment law work include: 

"Admired for his impressive level of experience representing respondents and claimants nationally in the Employment Tribunal, Employment Appeal Tribunal and High Court. He has a depth of industry knowledge across the employment sphere, and is experienced in such matters as discrimination, unfair dismissal and equal pay". “Strong commercial barrister who can be a hard-hitting opponent." Chambers & Partners 2021.

"He has a perfect advocacy style that judges find attractive."Legal 500 2021.

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