Cave v Goodwin & Anor [2001] EWCA Civ 391 (14 March 2001)

Cave v Goodwin & Anor [2001] EWCA Civ 391 (14 March 2001)

The Employment Tribunal made no error of law in finding that the claimant was not placed at a substantial disadvantage by the employer's disciplinary arrangements, and thus no duty to make reasonable adjustments arose under section 6(1) of the Disability Discrimination Act 1995; the EAT erred in substituting its own view of the facts for that of the tribunal.

Citation
[2001] EWCA Civ 391
Parties
Claimant/respondent: Darren Cave; Defendants/appellants: Mr and Mrs Glyn Goodwin
Jurisdiction
England and Wales
Judgment Date
14 March 2001
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Disability Discrimination Act 1995, Unlawful Dismissal, Reasonable Adjustments, Tribunal Procedure
Employment Law Disability Discrimination Disability Discrimination Act 1995 Unlawful Dismissal Reasonable Adjustments Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Darren Cave

Claimant/respondent

Mr and Mrs Glyn Goodwin

Defendants/appellants

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding that the claimant was not placed at a substantial disadvantage by the employer's disciplinary arrangements under the Disability Discrimination Act 1995
  2. 2 Whether refusal to allow the claimant's chosen advocate at a disciplinary hearing constituted unlawful discrimination

Ratio Decidendi

The Employment Tribunal made no error of law in finding that the claimant was not placed at a substantial disadvantage by the employer's disciplinary arrangements, and thus no duty to make reasonable adjustments arose under section 6(1) of the Disability Discrimination Act 1995; the EAT erred in substituting its own view of the facts for that of the tribunal.

Court Disposition

Appeal allowed

Orders

  • Order of the Employment Appeal Tribunal set aside
  • Decision of the Employment Tribunal restored