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Medical evidence not required in all discrimination cases involving personal injury (News, 5 December 2016)

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Published on: 05 December 2016

Published by a LexisNexis Employment expert

Table of contents

Impact of this judgment
Background law
The facts and decision of the employment tribunal
The judgment of the EAT

Article summary

While medical evidence is likely to assist in discrimination cases involving personal injury where there are issues as to the cause or divisibility of psychiatric or psychological harm suffered by a claimant (and it is therefore advisable in those cases for medical evidence to be obtained) it is not an absolute requirement in every case. However, there is a real risk that failure to produce such medical evidence might lead to a lower award or to no award being made. EAT: Hampshire County Council v Wyatt.

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