Whilst considering their mental health, the claimant was asked by the panel whether they ever used Facebook. The claimant replied that they did so ‘now and again’.
After all the evidence had been taken, the claimant and their representative returned to the waiting room while the tribunal made their facebook logodeliberations.
However, when they were called back before the panel to hear the decision, the claimant was accused of lying to the tribunal. The medical panel member had the claimant’s Facebook page open on their smartphone and was reading from it, clearly taking the view that the number of posts was too frequent to be regarded as ‘now and again’.
Because the evidence gathering phase of the appeal had ended, the claimant was not allowed to respond, they could only listen to the decision of the tribunal in shocked silence.
Thus they were given no opportunity to challenge the accusation that they were lying or to explain that their partner also used their Facebook page.
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