Upper Tribunal Administrative Appeals Chamber

[2023] UKUT 311 (AAC)

Fecha: 28-Nov-2023

The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 22 June 2022 under number EH301/21/00046 was made in error of law. Under section 12(2) (a) an

The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 22 June 2022 under number EH301/21/00046 was made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set that decision aside and remit the matter in accordance with the following directions on the issue of whether to exercise discretion to consider a claim that is out of time and if so, also the issue of objective proportionality pursuant to section 15(1)(b) of the Equality Act 2010, to be reconsidered by an identically constituted panel, unless that panel cannot be reconstituted within a reasonable time or at all, in which case a wholly different panel shall be constituted to consider the remitted issues afresh.

Directions

This case shall be remitted to an identically constituted panel for reconsideration at an oral hearing.

If the same panel cannot be reconstituted within a reasonable time, or at all, a wholly different panel shall be constituted to consider the remitted issues afresh.

This Direction may be supplemented by later directions by a Tribunal Judge in the Health, Education and Social Care Chamber of the First-tier Tribunal.