Morgan Stanley International v Posavec: EAT 2 Sep 2014


EAT Disability Discrimination : Disability – PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke –
The Claimant put forward in her evidence a number of conditions which, she claimed, caused her to be disabled. They went beyond her pleaded case. The Employment Judge found that she was disabled; but he did not adequately identify what conditions she had which caused her to be disabled and whether they were the pleaded or some other conditions. There were factual issues as to whether any of the conditions was such as to cause substantial adverse effect, whether the Respondent knew of them and whether there had been any failure to make adjustments. It was incumbent, in the light of the issues between the parties, on the Employment Judge in his reasons to identify what the symptoms and conditions were by which the Claimant was disabled; he had failed to do so.
Similarly the Employment Judge’s reasons did not make clear what were the symptoms or conditions from which the Claimant suffered which supported his conclusion as to long term effect.
Appeal allowed and remitted to a fresh Tribunal.

Jeffrey Burke QC
[2014] UKEAT 0209 – 13 – 0209
England and Wales

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Updated: 01 November 2021; Ref: scu.536381