The full text judgment is available free of charge on the BAILII website
Representation:-
Mr John Cavanagh QC instructed by North Lambeth Law Centre, 14 Bowden Street (Cleaver Street), Kennington, London SE11 4DF)
appeared on behalf of Mrs Andreou the Appellant
Ms Catrin Lewis instructed by Treasury Solicitor, Queen Anne's chambers, 28 Broadway, London SW1H 9JS appeared on behalf of the Respondent
Authority for the propositions that:-
- in considering whether to strike out an application on the grounds that the applicant did not attend the tribunal on the date set for hearing, fairness to other litigants who may be waiting to have their cases heard must be taken into account as well as fairness to the parties; and
- the fact that a person has been medically certified as unfit to attend work does not automatically mean that they are justified in failing to attend a Tribunal hearing.
For relevant general notes in this program see Employment tribunals/adjournments and see also notes on Teinaz v London Borough of Wandsworth CA 2002 EWCA Civ 1040.
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prepared Oct2002.