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Voice note of team leader Z
Voice note of team leader Z
We listened to the voice note recording from team leader Z who had called MOO. Z said that RR hurt MOO and the employer should question the girls (BB and MJL). Z said that RR says that she (RR) was the one that hit MOO and that the employer needed to ask questions about that part.
Again, we were not able to place any weight on this recording as it was simply a hearsay account, albeit from a team leader, purely based on what Z had heard from another about the incident. Z was not present as a direct observer nor witness to the incident.
- Heading
- The decision of the Upper Tribunal is that the Appellant’s appeal against the decision of the DBS dated 13 February 2024 is dismissed. There was no mistake of fact nor law in the decision to include h
- Introduction
- Factual background
- Undisputed Chronology
- The incident on 5 February 2023
- Investigatory meeting
- Disciplinary Meeting 17 February 2023
- The Internal Appeal – 27 March 2023
- The DBS Decision
- The Appeal to the UT and grounds on which permission was granted
- Legal framework
- a. “on any point of law” (section 4(2)(a) of the Act)
- Relevant general tests/principles
- Mistakes of fact and the UT’s fact finding jurisdiction
- Assessment of risk
- The grounds of appeal and the Appellant’s submissions
- Barring Decision Process – unreasonableness and disproportionality
- Mistake of law – procedural fairness
- Mistake of fact
- Facts Found
- Appellant’s evidence
- LR’s evidence
- Voice note of team leader Z
- Findings of fact
- Discussion and Analysis
- Other errors of law
- Irrationality
- Proportionality
- Mitigating
- Aggravating
- Conclusions