EAT UNFAIR DISMISSAL
The Employment Judge erred in law in having regard to subsequent events when reaching her decision that the Claimant was already a disabled person by December 2011 – Richmond Adult Community College v McDougall  ICR 431 applied. Appeal therefore allowed. The Employment Judge was, however, not bound to conclude in the Respondent’s favour that the Claimant was not a disabled person. Issue therefore remitted for reconsideration.
Comment upon the importance of case managing – especially where a claimant is in person – the evidence to be adduced on the question whether a claimant is a disabled person.
David Richardson J
 UKEAT 0386 – 13 – 0509
England and Wales
Updated: 22 November 2021; Ref: scu.516751