The Pensions Regulator v Hermes Parcelnet Ltd: [2021] UKUT 20 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Jacobs on 1 February 2021.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 3 March 2021

• Categories: Other general regulatory appeals and Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - evidence
• Judges: Jacobs, E
• Decision date: 1 February 2021

Read the full decision in MISC/576/2020.

Judicial Summary

“Appeal 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 ‘stand in the shoes’ of the decision-maker too literally. “

Published 3 March 2021