||All England Reporter
|| All ER (D) 142 (Jan)
||Employment Appeal Tribunal
Judge McMullen QC
||The employee appeared in person.
||Jake Davies (instructed by Davina Fiore) for the employer.
||23 November 2006
Employment tribunal - Procedure - Review of tribunal's decision - Pre-hearing review taking place in employee's absence - Tribunal refusing to allow employee's claims to be presented out of time - Employee adducing medical evidence in support of absence - Tribunal refusing to review decision - Whether tribunal erring - The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861, r 35(3).
The employee's appeal against the refusal of the employment tribunal chairman to review the decision of a pre-hearing review conducted in the employee's absence, on the basis of medical documents showing she had been unable to attend due to panic attacks, would be allowed. In the instant case the chairman ought to have granted the review application pursuant to r35(3) of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, SI2004-1861, and proceeded to a review. There had been no reason to go behind the medical opinion. Thus there had been material before the chairman upon which it would have been proper for her to have reviewed her judgment because the employee had been absent for good medical reasons.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary