Hampshire County Council v Wyatt [2016]

Posted In: Case Law
  • Case Reference
    UKEAT 0013_16_1310
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Discrimination, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Disability Discrimination: Compensation; Psychiatric Injury; Medical Evidence

The Employment Tribunal in this case found that the Claimant’s suspension was not an unlawful act but was the most proximate cause of her depression and triggered that depression.

The Respondent appealed against an award for personal injury on the basis that the Employment Tribunal was wrong to make such an award in the absence of expert medical evidence, which was necessary to establish both causation and quantum of this claim which are difficult issues to disentangle.  The Respondent argued that in a low-value case, cost and proportionality issues may drive parties and tribunals to deal with such issues without medical evidence but in all other cases medical evidence must be obtained

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This article is correct at 07/12/2016
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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