Mohammed v. Camden [2000] UKEAT 482_00_1807 (18 July 2000)

Appeal allowed to proceed as all grounds are arguable; Tribunal failed to address accumulation question and qualifying conditions for Whitley Council scheme.

Citation: [2000] UKEAT 482_00_1807
Parties: Applicant: Mr Mohammad; Respondent: Whitley Council; Appellant: MR D BASU
Jurisdiction: United Kingdom
Judgment Date: 18 July 2000
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: Leave to appeal granted; appeal to proceed to full hearing
Legal Topics: Sickness Pay, Contractual Terms, Whitley Council Sickness Scheme

Employment Law Sickness Pay Contractual Terms Whitley Council Sickness Scheme

Case Brief

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Parties

Mr Mohammad

Applicant

Whitley Council

Respondent

MR D BASU

Appellant

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether Whitley Council Sickness Scheme is cumulative with individual contract terms
2 Whether applicant satisfied qualifying conditions for Whitley Council scheme

Ratio Decidendi

Appeal allowed to proceed as all grounds are arguable; Tribunal failed to address accumulation question and qualifying conditions for Whitley Council scheme.

Court Disposition

Leave to appeal granted; appeal to proceed to full hearing

Orders

Notes of evidence of Mr Mohammad and medical evidence of Dr Nagpaul to be provided to Employment Appeal Tribunal