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Employment Tribunal findings of fact


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I won my employment tribunal claim for discrimination a couple of months ago and am awaiting a remedy hearing at the end of the year.

I have re-read the judgement whilst preparing for the remedy hearing and realised that there are several findings of fact that are wrong and are easy to point out to the Tribunal. These findings of fact would not have affected the liability judgement but may be relevant in the remedy deliberations.

Can I get these errors corrected and if so, how?

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I won my employment tribunal claim for discrimination a couple of months ago and am awaiting a remedy hearing at the end of the year.

I have re-read the judgement whilst preparing for the remedy hearing and realised that there are several findings of fact that are wrong and are easy to point out to the Tribunal. These findings of fact would not have affected the liability judgement but may be relevant in the remedy deliberations.

Can I get these errors corrected and if so, how?

 

You could apply for a review within 14 days, but if it doesn't adversely affect your own case then I wouldn't concern yourself with it. I would only worry if the facts found were so perverse to the evidence in front of the tribunal that it made the judgment legally appealable for the respondent.

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In my view no, the tribunal is concerned only with what remedy is appropriate taking into account the facts as found - it is not an opportunity to re-litigate the facts.

 

Precisely.

 

OP, if you've won, there's really no point in worrying about it. If it's one persons word against another's, the ET has to choose who to believe as "fact". Just because your view differs, it doesn't make their conclusions wrong.

 

Just concentrate on what's needed for the remedy hearing and don't sweat the small stuff.

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