|Source:||All England Reporter|
|Publisher Citation:|| 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 - .