EAT Practice and Procedure : Case Management – DISABILITY DISCRIMINATION – Disability
VICTIMISATION DISCRIMINATION
Detriment
Dismissal
Preliminary hearings by consent converted to full hearings, since both parties in attendance.
The Employment Tribunal did not err in refusing an adjournment for the Claimant to provide additional medical evidence. This was a matter of case management and discretion. Caston applied.
The Employment Tribunal did not err in holding the Claimant was not disabled. She had a mental impairment, but it did not have a substantial adverse effect on her relevant activities.
The Employment Tribunal correctly found the Claimant was not victimised when it found that a comparator who had not raised a disability claim would have been treated in the same way. This approach should have informed the finding in favour of the Claimant of victimisation, which was set aside and a finding made by the EAT that there was no discrimination. The award of compensation was set aside.
The finding of unfair dismissal and compensation was not challenged. Costs orders remain in place.
McMullen QC J
[2013] UKEAT 0986 – 12 – 2409
Bailii
England and Wales
Employment
Updated: 25 November 2021; Ref: scu.517543