JuSt me098 wrote: Does anyone know of any cases or are there any members present who have successfully argued for the Judge Agnew definitions and had the tribunal agreein regards to Mental health etc??
Thanks
We don't always get members reporting back, I'm aware of one member who successfully appealed using the arguments in the appeal section but before the two Judgements were made, at least one member has successfully appealed using them since.
Remember the Case Law is an aide not a solution in itself, you must still show that you meet the criteria before arguing that Judge Agnew applies.
There has been a third Judgement that muddies the water even further. See
www.osscsc.gov.uk/Aspx/view.aspx?id=4743 We're still looking at whether it changes our advice.
Gordon