Originally published in TEDR Volume 12 Issue 3 (publication date not recorded).
[2007] UKEAT 0196_07_1810 TEDR Volume 12 Issue 3
The proceedings consist of a claim presented to the Employment Tribunal on 30th November 2005 by Ms Stevenson against her employers, MDDC, in which she complains of unfair dismissal, disability discrimination and failure, in breach of contract, to pay medical expenses which she has incurred. The only disability referred to in the claim form was “a back injury”.
MDDC disputed that Ms Stevenson was disabled and that the dismissal was unfair or discriminatory. Their case is that Ms Stevenson had been off work for ill health from May 2004, that by July 2005 she still appeared to be unable to work in any capacity and that she had been fairly dismissed for incapability.
In March 2006 the Tribunal, at a Case Management Discussion (“CMD”) made a number of directions including that: the case be listed for a full hearing of all issues, the parties would jointly instruct a medical expert and if a joint expert could not be agreed the Tribunal would give further consideration to the medical evidence. A hearing date was fixed.
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