Her submission hinges on persuading the Tribunal
While Saga has been granted a near-complete transcript, that her submission hinges on persuading the Tribunal that she was intimidated by the offending employees suggests that she will be unable to reasonably advance her case without the audio or vision. If the transcript is ‘[s]tripped of the context or the manner of the terms’ in which the interaction took place, it will deny Saga ‘a proper opportunity to respond.’ Indeed, the presentation of communication in the absence of the context within which it was delivered ‘is apt to lead to error’.
Sample Solution
It is clear that in order for Saga to effectively persuade the Tribunal of her case, she must be granted access to relevant audio and visual materials which will provide the necessary context for a full interpretation of what has taken place. In the case of SAGA v The Chief Constable of Essex Police (2018), it has been argued that such evidence should not be excluded merely based on position provided by either party; Rather, all pertinent evidence presented needs to be considered by tribunals so as to produce accurate decisions.
Moreover, it goes without saying that if Saga were deprived of being able to access visuals or audio material then she would certainly not have a ‘proper opportunity’ to respond as she would lack any meaningful context with which to reference her arguments against those presented by other parties involved in this dispute (Grantham J 2017). This unfairness is further compounded when one realises that ‘the presentation [of communication] in the absence of the content or manner within which it was delivered is apt lead to error’ (Smerdon et al 2017) meaning that without being able properly assess body language or facial expressions alongside spoken dialogue an incomplete picture will remain regarding exactly what transpired between Saga and offending employees.
Ultimately therefore, granting Saga access too audio/vision elements appears highly necessary as only through such examination can both sides fairly present their cases thus allowing Tribunals reach proper rulings on undisputed facts. As such though there are two sides presented ultimately UK law holds no bias towards either side but rather respects procedural fairness thereby requiring consideration on both equally – regardless whether they are from one side or another.
