EAT Disability Discrimination: Disability – PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
The Claimant sought to criticise the Employment Tribunal for not adopting a ‘purposive’ or ‘inquisitorial’ approach to the question of disability, where it found that the Claimant had not proved her case. In particular it was argued that the Employment Tribunal ought to have had regard to some documents in the bundle, potentially supportive of her case, to which it was not referred during the hearing. Held – the Employment Tribunal was not bound to be ‘purposive’ or ‘inquisitorial’ and did not err in law by failing to find and rely on the documents in question. Mensah v East Hertfordshire NHS Trust [1998] IRLR 531 and Muschett v HM Prison Service [2010] IRLR 451 applied.
Richardson HHJ
[2015] UKEAT 0001 – 15 – 1704
Bailii
England and Wales
Employment, Discrimination
Updated: 01 January 2022; Ref: scu.549015