rover_shortEAT2011
EAT Practice and Procedure : Bias, Misconduct and Procedural Irregularity – Perversity
DISABILITY DISCRIMINATION
A list of issues was agreed between the parties. It was unclear whether the list permitted exploration of and argument about whether an employee could be required in breach of a collective agreement to move to another job so that a disabled employee no longer capable of doing his own job could take the vacated post. When the employer’s witnesses were cross-examined about this, counsel objected that an amendment would be needed, and if permitted would wish to call further evidence and might need an adjournment to do so. The Claimant’s counsel responded that no amendment was needed. The Employment Tribunal failed to rule, or give any view as to whether the issue was or was not before them for determination until making its decision, and by failing to do so deprived the employer of the opportunity of asking for an adjournment. In all the circumstances of the case, this was significantly unfair.
Langstaff J
[2011] UKEAT 0496 – 10 – 0610
Bailii
England and Wales
Employment, Discrimination
Updated: 01 November 2021; Ref: scu.447632