EAT Disability Discrimination : Disability – Practice and Procedure – New evidence on appeal
Disability issue below. Employment Tribunal found Claimant not disabled, based at least in part on her failure to produce relevant medical records leading to Employment Tribunal taking an adverse view of her credibility generally.
On appeal, missing records admitted under Ladd v Marshall principles by way of fresh evidence.
On this basis (perversity challenge having failed) case remitted to same Employment Tribunal, if practicable, to reconsider disability question.
Judges:
Peter Clark J
Citations:
[2012] UKEAT 0586 – 11 – 1403
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 October 2022; Ref: scu.452340