Miss Z Chowdhury v The Secretary of State for Health and Social Care

The EAT allowed an appeal against an unless order and set aside a dismissal notice. The case returns to the Employment Tribunal to resume the part heard hearing if practicable.

The Employment Appeal Tribunal allowed Miss Z Chowdhury’s appeal against an unless order made by the Employment Tribunal. The order had provided for automatic dismissal of all remaining claims if medical evidence was not supplied.

The EAT held that the Tribunal did not assess whether automatic dismissal of the entire claim would be a proportionate consequence of any material non compliance. It set aside the unless order made on 16 October 2024.