Wolfe v North Middlesex University Hospital NHS Trust

Employment – Dismissal. The employee was employed as a nurse, and was absent from work over an extended period, due to stress. Her employment was terminated, and she brought a claim before the employment tribunal (the tribunal). The tribunal dismissed the employee's claims for disability discrimination and unfair dismissal. The employee appealed, contending that, among other things, the tribunal had failed to consider the likelihood of her condition reoccurring. The Employment Appeal Tribunal (EAT) held that that matter should have been raised before the tribunal, once the omission had initially been realised, and that an appeal was unnecessary. The matter was referred back to the tribunal. The EAT gave guidance on the correct procedure in such circumstances and on its own jurisdiction to entertain appeals from 'decisions' of employment tribunals.

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