Croce v Centerwest London (Buses) & Ors (Practice and Procedure) [2012] UKEAT 0074_12_2905 (29 May 2012)

Croce v Centerwest London (Buses) & Ors (Practice and Procedure) [2012] UKEAT 0074_12_2905 (29 May 2012)

The Employment Judge was entitled to conclude that the GP's letter did not provide sufficient medical evidence to explain the appellant's failure to attend the medical appointment, and therefore acted within the law in refusing relief from sanction.

Citation
[2012] UKEAT 0074_12_2905
Parties
Appellant: E Croce; Interpreter: Bianca Mezza; Respondent: David McIlroy
Jurisdiction
United Kingdom
Judgment Date
29 May 2012
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Striking Out, Relief From Sanction, Medical Evidence, Procedural Fairness
Employment Law Disability Discrimination Striking Out Relief From Sanction Medical Evidence Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

E Croce

Appellant

Bianca Mezza

Interpreter

David McIlroy

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Employment Judge erred in law by refusing relief from sanction after the claim was struck out for failure to provide medical evidence.
  2. 2 Whether the GP's letter constituted sufficient explanation for non-attendance at the medical appointment.

Ratio Decidendi

The Employment Judge was entitled to conclude that the GP's letter did not provide sufficient medical evidence to explain the appellant's failure to attend the medical appointment, and therefore acted within the law in refusing relief from sanction.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no relief from sanction granted.