Source: All England Reporter
Publisher Citation: [2007] All ER (D) 142 (Jan)
Court: Employment Appeal Tribunal
Judge:

Judge McMullen QC
Representation The employee appeared in person.
  Jake Davies (instructed by Davina Fiore) for the employer.
Judgment Dates: 23 November 2006

Catchwords

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 Case

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.

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