In Todd T/A Hygia Professional Training v Cutter, the EAT have held that where evidence is available for a Tribunal hearing, or could reasonably be available by the exercise of reasonable diligence, but nonetheless is not adduced by a party at the hearing, that party is not entitled to seek to adduce that evidence at a subsequent appeal.

It is irrelevant how material or credible the evidence is, if it should have been adduced first time round, it can not be adduced later – you only get one bite of the cherry!

The lesson from this case is to make sure you do your homework and get all relevant evidence out at the first hearing!