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 appealed.
Held: The treatment of such applications was a practical matter, and each such occasion was to be assessed on its own facts. Here the EAT decision that the tribunal had taken into account an unallowable factor, namely its own suspicions about the medical certificate, could not be criticised. Appeal denied.
Lords Justice Peter Gibson, Arden and Mr Justice Buckley
Gazette 19-Sep-2002, [2002] Emp LR 1107, [2002] ICR 1471, [2002] EWCA Civ 1040, [2002] IRLR 721
Bailii
England and Wales
Citing:
Preliminary Hearing – Teinaz v Wandsworth Borough Council EAT 25-Jan-2001
Preliminary hearing. . .
Appeal from – Teinaz v Wandsworth EAT 22-Nov-2001
EAT Procedural Issues – Employment Tribunal. . .
Cited by:
Cited – Iqbal v Metropolitan Police Service and Another EAT 7-Sep-2012
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 . .
These lists may be incomplete.
Updated: 24 June 2021; Ref: scu.177318