EAT DISABILITY DISCRIMINATION: Disability related discrimination
UNFAIR DISMISSAL: Procedural fairness/automatically unfair dismissal
JURISDICTIONAL POINTS: Claim in time and effective date of termination
PRACTICE AND PROCEDURE: Delay in ET judgment
The Claimant brought proceedings alleging unfair dismissal and disability discrimination. In the interval between the hearing and the production of the Judgment and Reasons – though apparently after the members had agreed on the outcome – the Employment Judge accepted a post abroad and became unavailable. After six months, the lay members produced a Judgment and Reasons with the assistance of another Employment Judge. The Judgment upheld the Claimant’s claims.
Appeal allowed and claim remitted to Tribunal because:
(1) As regards disability-related discrimination, the Tribunal had explicitly not followed Malcolm, on the basis that it was not binding because it had been decided since the hearing.
(2) The Tribunal had found a breach of the claim for failure to make reasonable adjustments notwithstanding an assurance from the Judge that no such claim would be considered.
(3) The unfair dismissal claim had been decided on basis of a different termination date from that pleaded.
Observations on procedure to be followed in circumstances where a chairman becomes unable to complete the formal Judgment and Reasons.
Judges:
Underhill P J
Citations:
[2009] UKEAT 0031 – 09 – 0806
Links:
Employment
Updated: 04 August 2022; Ref: scu.377537
