In the case of Ms Riley v C.P.S. the Tribunal struck out the claims made as a fair trial was no longer possible.

The Claimant had suffered a disabling illness she said as a result of her treatment at work, she commenced three sets of tribunal claims.

These claims added and aggravated the Claimant’s medical condition which meant that she was medically unfit to give evidence.

Time elapsed, recollections faded, and the Judge ruled that a fair trial was no longer possible.

Despite the EAT recognising that this was a chicken and egg situation, in that concluding proceedings would probably assist the Claimant in restoring her health, she was unable to give evidence and her claim was dismissed.