EAT PRACTICE AND PROCEDURE
Absence of party
New evidence on appeal
An Employment Tribunal dismissed the Appellant’s claim. He had failed to attend the hearing before it and an application made on his behalf for an adjournment because of lack of representation and on medical grounds was refused. Fresh evidence, a doctor’s letter obtained after the refusal of an adjournment, was admitted by the Employment Appeal Tribunal. The letter contained advice given by the doctor to the Appellant the day before the hearing that for medical reasons he was unfit to represent himself. Applying Teinaz v London Borough of Wandsworth [2002] IRLR 721, if the Employment Tribunal had seen the doctor’s letter it would have granted the adjournment.
Appeal allowed. Decision to dismiss the Claimant’s claim set aside. Claim remitted to an Employment Tribunal for hearing.
Citations:
[2010] UKEAT 0094 – 10 – 1706
Links:
Employment
Updated: 22 August 2022; Ref: scu.421381
