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Hampshire County Council v Wyatt
The Employment Appeals Tribunal (EAT) held in this case that an employee does not have to provide an expert report when bringing a personal injury claim in the employment tribunal.
An employment tribunal had held that a suspension meeting was an act of unlawful discrimination, because of the manner in which the suspension was communicated, which it found caused, or materially contributed, to the Claimant's depression. The employment tribunal awarded the Claimant damages for personal injury without any expert medical evidence of her psychiatric injury and its extent.
The EAT held that, although it is advisable for Claimants to obtain medical evidence of personal injury in such claims, there is no principle of law suggesting that an award cannot be made in the absence of expert medical evidence. The EAT noted, however, that a failure to produce medical evidence risks a lower award than might otherwise be made, or no award being made at all.
In Practice
It will always be sensible for a Claimant to adduce medical evidence when claiming personal injury as a result of discrimination in the employment tribunal. This case shows that, while it is not strictly necessary, the Claimant is likely to not do as well and, in a lot of cases, lack of medical evidence will result in their claim for personal injury failing.
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Paul, Kate or Andrew will be happy to discuss it with you.
