Crown Prosecution Service v Fraser: EAT 7 Feb 2014

EAT Disability Discrimination – PRACTICE AND PROCEDURE – Review
The CPS appealed against the Employment Tribunal’s decision, on review, to revoke their earlier remedy judgment, made in the absence of the Claimant, and to order a new remedy hearing.
In addition to the importance of the finality of litigation, the ET were found to have had proper regard, in the exercise of their discretion, to the relevant factor that the Claimant’s mental impairment may have influenced the way in which he had conducted the litigation, which the CPS described as ‘unreasonable’. Reference to the equality duty and the ‘judicial function’ exemption in the Equality Act 2010, and the guidance provided in the Judicial College Equal Treatment Bench Book as to the fair treatment of people with mental disabilities.
The appeal was dismissed.

Cox J
[2014] UKEAT 0021 – 13 – 0702
England and Wales


Updated: 29 November 2021; Ref: scu.521102