October 3, 2013

Case struck out on medical grounds

The Claimant, who was a former Crown Prosecutor, brought various claims of allegations of bullying against fellow employees. She was ultimately dismissed for making false allegations and brought three separate Tribunal claims against the CPS alleging, amongst other things, disability discrimination.

Seven days before the four week trial was due to commence, the Claimant told the Tribunal she was too ill to attend. However her illness did not prevent her simultaneously submitting a fourth Tribunal claim. Medical evidence could not identify when the Claimant was likely to be able to commence the trial, not least because it held that she was unlikely to recover from her depression until the trial was over. In the circumstances the Judge decided that, with the continuing delay and the effect this would have on the memory of witnesses, it was no longer possible to have a fair trial so the case was struck out. This case went through the EAT and to the Court of Appeal who both came to the same decision.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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