EAT PRACTICE AND PROCEDURE – Perversity
The Tribunal decided key issues, relating to the Claimant’s reasons for resigning from a job in December 2007, on the basis that there were no entries in medical records reflecting her case that she was suffering from work-related stress at that time. This was a mistaken finding or assumption on the part of the Tribunal, which in this respect placed upon a medical report commissioned to deal with different issues a weight which it could not bear. There were in fact important contemporaneous entries in the Claimant’s records reflecting her case that she was suffering from work related stress. The Tribunal could not legitimately assume the contrary without raising the matter with the witnesses. Appeal allowed. Case remitted.
Judges:
Richardson J
Citations:
[2011] UKEAT 0335 – 10 – 1304
Links:
Jurisdiction:
England and Wales
Employment
Updated: 13 September 2022; Ref: scu.440150