EAT PRACTICE AND PROCEDURE – Postponement or stay
The Tribunal wrongly refused an application for postponement on medical grounds:
(1) It did not have regard to medical evidence, to which the Claimant referred it and which existed within the hearing bundle, confirming that he had been diagnosed with depression, given counselling and treated with anti-depressant medication,
(2) It did not apply guidance given in Teinaz v London Borough of Wandsworth [2002] ICR 1471; in the circumstances it should have adjourned for a short period to enable the Claimant to seek medical advice.
Judges:
David Richardson J
Citations:
[2012] UKEAT 0186 – 12 – 0709
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Teinaz v London Borough of Wandsworth CA 16-Jul-2002
The claimant applied for an adjournment of his application. The tribunal suspected the basis of his medical certificate, and, refusing the adjournment, proceeded in his absence. The Employment Appeal Tribunal allowed an appeal, and the employer now . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 05 November 2022; Ref: scu.465067