Employment Appeal Tribunal upholds case management decisions in discrimination claim
The Employment Appeal Tribunal has dismissed an appeal, confirming that an Employment Tribunal acted correctly in its case management decisions regarding evidence and issues.
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Case management decisions upheld
The Employment Appeal Tribunal (EAT) has dismissed an appeal brought by Ms M Mulumba against Partners Group, ruling that the original Employment Tribunal made no error of law in its case management decisions. The appeal focused on the tribunal’s handling of the list of issues and the exclusion of specific evidence from the claimant’s reply witness statement.
List of issues and evidence
Ms Mulumba argued that the tribunal was wrong to exclude a specific complaint regarding a July 2018 meeting from the final list of issues. The EAT found that the tribunal acted appropriately. The issue was deemed unnecessary for the determination of the case, particularly following previous rulings on territorial jurisdiction. The tribunal had concluded that the claimant was aware her employment status had changed, rendering the disputed meeting complaint redundant for the purpose of the tribunal's findings.
Regarding the excluded witness statement evidence, the EAT confirmed that the tribunal’s discretion was correctly applied. The excluded paragraphs included wide-ranging allegations about a perceived internal caste system, claims of institutional racism, and anecdotes regarding other employees. The tribunal ruled these points were inadmissible as they were not part of the original pleaded case and risked obscuring the actual issues with excessive, irrelevant detail.
The EAT emphasised that while caution is necessary in discrimination cases, judges must be prepared to exclude evidence that is not of material assistance. In this instance, the tribunal avoided a disproportionate expansion of the hearing and maintained a focus on the core complaints.
Read the entire judgment here: Mulumba v Partners Group
