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Employment Law

Legal guidance - compliance - software

16 AUG 2012

Pye v Queen Mary University of London UKEAT/0374/11 (2012) EMPLR 135

Fitness to attend tribunal

23 February 2012

Employment Appeal Tribunal

Langstaff J

If a Claimant applies for a postponement of a tribunal hearing on grounds of anxiety and depression and the tribunal doubts the reliability of the medical evidence supporting the application, the tribunal should have attempted to resolve its doubts by calling further medical evidence.

P complained that he had been unfairly dismissed and harassed because of his ethnic origin. A hearing date was arranged. P applied for a postponement, relying on a medical report prepared by his consultant psychiatrist which stated that P was suffering from severe anxiety and depression and so was unable to present his case.

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