Source: All England Reporter
Publisher Citation: [2013] All ER (D) 198 (Feb)
Court: Employment Appeal Tribunal

Judge Birtles and Ms V Branney and Mr T Stanworth

Representation Colin Bourne (instructed by Mohammed & Co Solicitors, Stoneygate) for the employer.
  Laura Daniels (instructed by Stephensons Solicitors LLP, Leigh) for the employee. 
Judgment Dates: 18 December 2012


Employment tribunal - Procedure - Hearing - Bias, misconduct and procedural irregularity - Failure to give adequate reasons - Employee being signed off work by GP for depression - Employee recovering and desiring to return to work - Employer refusing to allow employee to return to work - Employer mistakenly asserting GP note declaring employee fit to work being necessary to permitting her return - Employer obtaining employee's medical records - Employee's statutory sick pay expiring - Employee bringing claim for unlawful deduction of wages - Employment tribunal finding employer's delaying of investigation into employee's fitness to work amounting to victimisation - Employer appealing - .

The Case

Employment tribunal Procedure. The Employment Appeal Tribunal (EAT) allowed the employer firm of solicitors' appeal against the employment tribunal's decision that the employer had victimised the employee. The EAT took the view that the tribunal had failed to give adequate reasons for its decision.

Practice Areas

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