“…areful not to invent a case for a litigant, which the litigant has not advanced or to step into the factual and evidential arena”: Muschett v HM Prison Service [2010] IRLR 451. She cited Mensah v East Hertfordshire NHS Trust [1998] IRLR 531 as authority for the proposition that a tribunal is not under a general duty to hear every all…”
“…il to do so: see Mensah v East Hertfordshire NHS Trust [1998] EWCA Civ 954; [1998] IRLR esp. paras. 14-22 per Peter Gibson LJ; and Muschett v HM Prison Service [2010] IRLR 451, para. 31 per Rimer LJ. Even less is the employer, as the other party to the litigation, obliged voluntarily to take steps to ameliorate the problems facing th…”