CB v SSWP  UKUT 15 (AAC)
Revision as of 14:52, 14 April 2020 by Jonathan
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 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.
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.