Daughters of the Cross of Liege (St Anthony's Hospital) v. Shantikumar [2001] UKEAT 787_01_2111 (21 November 2001)

Daughters of the Cross of Liege (St Anthony's Hospital) v. Shantikumar [2001] UKEAT 787_01_2111 (21 November 2001)

The Tribunal was not required to seek independent medical evidence or grant an adjournment as a matter of course; however, the case is adjourned to allow the Respondent to file an affidavit regarding the opportunity to seek an adjournment.

Citation
[2001] UKEAT 787_01_2111
Parties
Appellant: Unknown (Appellant); Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
21 November 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Case adjourned for further preliminary hearing.
Legal Topics
Unfair Dismissal, Remedies, Adjournment, Medical Evidence
Employment Law Unfair Dismissal Remedies Adjournment Medical Evidence

Case Brief

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Parties

Unknown (Appellant)

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in not granting an adjournment for the Respondent to obtain medical evidence
  2. 2 Whether the Tribunal was required to seek independent medical evidence
  3. 3 Appropriateness of the remedy period awarded

Ratio Decidendi

The Tribunal was not required to seek independent medical evidence or grant an adjournment as a matter of course; however, the case is adjourned to allow the Respondent to file an affidavit regarding the opportunity to seek an adjournment.

Court Disposition

Case adjourned for further preliminary hearing.

Orders

  • Respondent's representative to file an affidavit setting out circumstances regarding denial of adjournment opportunity.
  • Affidavit to be served on the Tribunal Chairman, who may comment.