EAT Practice and Procedure -and- Disability Discrimination
Appellant’s application to raise a new point on appeal (that the Law Reform (Contributory Negligence) Act 1945 applies to Disability Discrimination Act 1995 section 8(3) damages) was refused as the Employment Tribunal had already decided, at its liability hearing, to deduct 40% from unfair dismissal compensation and had not said the same in respect of disability discrimination and this was not appealed. Alternatively, no exceptional circumstance existed: Kumchyk applied. Appeal allowed by consent on deducting incapacity benefit: Morgans applied. If the principle of contributory conduct approved in Fife Council v McPhee EAT/750/00 were to be applied, it would be useful first to have the intervention of the statutory commissions.
Judges:
His Honour Judge McMullen QC
Citations:
UKEAT/0035/05, [2005] UKEAT 0035 – 05 – 3103
Links:
Citing:
Cited – Fife Council v McPhee EAT 21-Feb-2001
EAT The council appealed against a finding of unfair dismissal and disability discrimination, subject to a deduction of 50% for the claimant’s contribution. He had been found to have breached a council policy for . .
Cited by:
Cited – Unison v Leicestershire County Council CA 29-Jun-2006
The council had dismissed all workers within a group of employees, and invited them to re-apply for their jobs. The council now appealed a protective award made on the basis that there had been inadequate consultation with the union.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 01 July 2022; Ref: scu.228622