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Liability Risk and Insurance

Procedural powers of employment tribunal

Duffy v George · Court of Appeal · The Weekly Law Reports (www.iclr.co.uk) · 23 July 2013

The procedural powers of the employment tribunal under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861) conferred an extremely wide discretion to deal with cases before it. Proper steps should be taken to deliver procedural justice in all cases, especially those where (a) the case turned on the credibility of the evidence given by the parties; (b) the only direct evidence was the word of one party against the word of the other; (c) the party making the allegations decided not to attend the hearing; and (d) the party against whom the allegations were made was denied the opportunity to challenge them by cross-examining the accuser.

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