Edge Hill University v E Glasby

Edge Hill University v E Glasby

The tribunal's reasons for upholding the complaints of failure to make reasonable adjustments and disability discrimination were fundamentally deficient, failing to address essential elements such as time limits, substantial disadvantage, knowledge, and reasonable steps. The majority's findings on justification were inconsistent with earlier findings and lacked sufficient reasoning. The appeal is allowed and the complaints are remitted for fresh determination.

Parties
Appellant: Edge Hill University; Respondent: Ms E Glasby
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal allowed; tribunal decisions quashed; remitted for fresh determination
Legal Topics
Disability Discrimination, Reasonable Adjustments, Unfair Dismissal, Justification Defence, Procedural Fairness
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Justification Defence Procedural Fairness

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Edge Hill University

Appellant

Ms E Glasby

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the tribunal provided adequate reasons for upholding complaints of failure to make reasonable adjustments and disability discrimination
  2. 2 Whether the tribunal addressed essential elements such as time limits, substantial disadvantage, knowledge, and reasonable steps for adjustments
  3. 3 Whether the tribunal's findings on justification and proportionality were consistent with the evidence and findings of fact

Ratio Decidendi

The tribunal's reasons for upholding the complaints of failure to make reasonable adjustments and disability discrimination were fundamentally deficient, failing to address essential elements such as time limits, substantial disadvantage, knowledge, and reasonable steps. The majority's findings on justification were inconsistent with earlier findings and lacked sufficient reasoning. The appeal is allowed and the complaints are remitted for fresh determination.

Court Disposition

appeal allowed; tribunal decisions quashed; remitted for fresh determination

Orders

  • Complaints previously upheld are remitted to a new employment tribunal panel for fresh consideration
  • The new panel must not include any of the previous members