Robinson v. Home Office [2001] UKEAT 533_01_1909 (19 September 2001)

Robinson v. Home Office [2001] UKEAT 533_01_1909 (19 September 2001)

It is arguable that the Tribunal exercised its discretion on a wrong basis by not properly considering the medical evidence and by possibly concluding without sufficient enquiry that the medical certificate was false or fraudulent.

Citation
[2001] UKEAT 533_01_1909
Parties
Appellant: Appellant
Jurisdiction
United Kingdom
Judgment Date
19 September 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Matter to proceed to full argument; preliminary hearing concluded.
Legal Topics
Adjournment Discretion, Medical Evidence, Discrimination
Employment Law Adjournment Discretion Medical Evidence Discrimination

Case Brief

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Parties

Appellant

Appellant

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal exercised its discretion wrongly in refusing an adjournment due to medical illness
  2. 2 Whether the medical certificates provided were properly considered

Ratio Decidendi

It is arguable that the Tribunal exercised its discretion on a wrong basis by not properly considering the medical evidence and by possibly concluding without sufficient enquiry that the medical certificate was false or fraudulent.

Court Disposition

Matter to proceed to full argument; preliminary hearing concluded.

Orders

  • Skeleton arguments restricted to the defined issue to be delivered 14 days prior to hearing.
  • Copies of authorities to be relied upon to be provided.