CB v SSWP [2020] UKUT 15 (AAC)

All-male and all-female panels (1) It was unlawful of the tribunal to hear the ESA appeal in the applicant's absence; the decision was set aside and the case remitted to a new panel. (2) The judgment contains obiter comments about the request for an all-female panel.

Thanks

Thanks to Angela Wall of Butler Solicitors for pointing out this case. She recently had a case in which several requests for an all-female panel were declined, but on review the MHT cited this UT decision and accepted that an all-female panel was required in order for the patient fully to participate in the hearing.

Judicial summary

From Gov.uk website:

Employment Support Allowance - tribunal deciding to proceed in absence of appellant - appellant with gynaecological problems and difficulties with bowel movements requesting all-female First-tier Tribunal panel - principles governing composition of tribunal - overriding objective.

External links

CASES DATABASE

Full judgment: BAILII

Subject(s):

Date: 9/1/20🔍

Court: Upper Tribunal🔍

Judge(s):

Parties:

  • CB🔍
  • Secretary of State for Work and Pensions🔍

Citation number(s):

What links here:

Published: 14/4/20 14:47

Cached: 2020-06-03 07:54:43