PRACTICE AND PROCEDURE – Application/claim
PRACTICE AND PROCEDURE – Case Management
The Claimant brought a claim of disability discrimination based on the physical impairment of Atrial Fibrillation. An issue was defined for Preliminary Hearing: does the Claimant have a physical impairment, namely Atrial Fibrillation? At the Preliminary Hearing the Claimant put his case differently, based on depression. Despite objection from the Respondent, and without any amendment of the ET1 or the list of issues, the Employment Judge adjudged that the Claimant was a disabled person by reason of suffering with depression.
Appeal allowed. Given the terms of the ET1 and the list of issues it was not open to the Employment Judge to adjudge that the Claimant was a disabled person by reason of suffering with depression.
Citations:
[2019] UKEAT 0270 – 18 – 1701
Links:
Jurisdiction:
England and Wales
Employment
Updated: 10 July 2022; Ref: scu.635152