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07 December 2012
Issue: 7541 / Categories: Case law , Law digest , In Court
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Employment tribunal

Iqbal v Metropolitan Police Service and another UKEAT/0186/12/ZT, [2012] All ER (D) 302 (Nov)

It was established by Teinaz v London Borough of Wandsworth [2002] IRLR 721 that if there was medical evidence that a party was not fit to participate in the hearing, an adjournment would generally have to be granted whatever the inconvenience to the other parties. Where there was no direct evidence, the tribunal would have a difficult decision to make as to whether it was right to allow a short adjournment for medical evidence to be obtained. If there was a significant history of depression or stress requiring treatment, it would often be appropriate to apply the guidance given in Teinaz by adjourning the case to enable the employee to make an urgent appointment to see the practice that was treating him. The tribunal was entitled to ask the employee to take with him a short letter drafted by the tribunal explaining the assistance that the tribunal was able to give the employee as a litigant in person and explaining what assistance and opinion was required from the medical practitioner.

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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