Medical Evidence not required for Personal Injury Awards in Tribunal

06 January 2017

Does an employee have to provide an expert report when bringing a personal injury claim in the employment tribunal?

No, held the EAT in Hampshire County Council v Wyatt.

An employment tribunal 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.

With thanks to Daniel Barnett’s employment law bulletin which provided the details of this case.