Cafagna v ISS Mediclean Ltd - No unfairness in allowing undisputed late evidence [2008] EAT

Mr Cafagna brought a claim for unlawful deduction of wages over his sick pay. This claim was dismissed by an employment judge sitting alone.

Mr Cafagna did not attend the hearing on 12 October 2007, but put in written representations on 4 October which the employment judge took into consideration. On 9 and 11 October ISS submitted two skeleton arguments which changed their case in response: Mr Cafagna had no time to respond to these.

He appealed against the employment judge's decision.