Pye v Queen Mary University of London UKEAT/0374/11 (2012) EMPLR 135
Fitness to attend tribunal
23 February 2012
Employment Appeal Tribunal
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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