Mark Green is successful in the EAT on the case of Brighton v Tesco UKEAT/0165/15/DM
18th April 2016
The matter was sifted to a 3(10) preliminary hearing before the President of the EAT, due to the apparent weakness of the case. Persuading Langstaff P that there was some merit to it, the matter proceeded for a full hearing in front of Slade J. Essentially, the Respondent had dismissed the Claimant because of aggression he said was due to an epileptic fit and provided some medical evidence in support. The Respondent did not believe him.
The question was whether or not the Tribunal had taken into account the medical evidence before it to a sufficient degree or was justified in disregarding it because it did not find the Claimant/patient a credible historian. The EAT found for the Claimant on perversity and Meek compliance on the basis that whilst Tribunals are not bound by medical evidence, they should give proper respect to it and provide sufficient reasons for disregarding it.
http://www.employmentappeals.gov.uk/Public/results.aspx?id=8447
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