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Public bodies - duties?

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  • Public bodies - duties?

    Hi - are public bodies (arbitration scheme) under a legal (statutory) or Common Law duty (e.g. minimum standards of procedural fairness) to recognize medical certificates (i.e. sick note - not issued in the context of employment) regarding the extension of a deadline to make submissions?

    I would appreciate a quick response.

    Many thanks
    Tags: None

  • #2
    Re: Public bodies - duties?

    I don't know about a statutory duty, but a polite explanation will often procure you an extension.

    Comment


    • #3
      Re: Public bodies - duties?

      All law is based on common law
      Statutory legislation is just an extension of common law

      I really do need a bit more information for the purpose of code of practice, industrial relations,

      Public bodies

      That is either the NHS, Royal Mail, emergency services etc

      Comment


      • #4
        Re: Public bodies - duties?

        Thanks - any relevant acts to quote.. ?

        It is neither of the ones you mentioned, it is one of the ADR - Alternative Dispute Resolution bodies.

        The point is they had previously implied that they are willing to grant further extension based on medical evidence - I provided them with a (genuinely true) medical certificate issued by a GP and they continue digging for symptoms and how these are affecting me etc. - considering this public body is NOT a health authority and not my employer I do not feel they have legitimate grounds to usher me divulging more than what was stated on the medical certificate.

        Comment


        • #5
          Re: Public bodies - duties?

          Are we talking of ATOS in relation to this dispute

          Outside commercial agency with government contracts

          Comment


          • #6
            Re: Public bodies - duties?

            Outside commercial agency with government contracts
            More or less - A company operating under a statutory act
            Last edited by JCE; 9th May 2013, 18:15:PM.

            Comment


            • #7
              Re: Public bodies - duties?

              I will give a brief interpretation

              As this is connected to the Tribunals Service, any organization lower than the tribunal will accept the tribunals decision as law.

              Most tribunal have a 1st and 2nd tier structure in which you appeal to.

              If the decisions are then upheld, the next appeal level will be to seek a judicial review on a point of law

              Have you any legal representation or trade union on this

              Comment


              • #8
                Re: Public bodies - duties?

                Originally posted by FORCEOFONE View Post
                Have you any legal representation or trade union on this
                Have you seen my PM regarding this? Thanks

                Comment


                • #9
                  Re: Public bodies - duties?

                  Doing research

                  check back tomorrow

                  Comment


                  • #10
                    Re: Public bodies - duties?

                    Originally posted by JCE View Post
                    More or less - A company operating under a statutory act
                    Could anyone please update me on this - including quoting the relevant (public) law and respond as soon as possible, as I need it fairly urgently

                    Thanks

                    Comment


                    • #11
                      Re: Public bodies - duties?

                      Further - which public / administrative law requires public bodies to act fairly and are they bound by their previous promises (if made in writing) - if so again, where is this established in law?

                      Comment

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