Donelien v Liberata (UK) Ltd

Donelien v Liberata (UK) Ltd

The judge found that Ms Donelien's arguments raised sufficient unease about the Employment Tribunal's approach to warrant consideration by the full court, particularly regarding whether the employer ought reasonably to have known of her disability and whether the Tribunal properly evaluated the evidence.

Parties
Appellant: Edith Donelien; Respondent: Liberata (UK) Limited
Jurisdiction
England and Wales
Judgment Date
17 November 2015
Procedural Posture
Employment Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Reasonable Adjustments, Constructive Knowledge, Disability Discrimination Act, Appeal on Fact Vs Law, Perversity Grounds
Employment Law Disability Discrimination Reasonable Adjustments Constructive Knowledge Disability Discrimination Act Appeal on Fact Vs Law Perversity Grounds

Case Brief

Summary, issues, holding and outcome

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Parties

Edith Donelien

Appellant

Liberata (UK) Limited

Respondent

Procedural Posture

Employment Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the employer ought reasonably to have known of the claimant's disability under the Disability Discrimination Act
  2. 2 Whether the Employment Tribunal erred in its evaluation of the evidence regarding the employer's knowledge
  3. 3 Whether the Tribunal's decision was perverse or involved an error of law

Ratio Decidendi

The judge found that Ms Donelien's arguments raised sufficient unease about the Employment Tribunal's approach to warrant consideration by the full court, particularly regarding whether the employer ought reasonably to have known of her disability and whether the Tribunal properly evaluated the evidence.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted to Ms Donelien.
  • Appeal to be heard by three judges, one with employment experience, time estimate one day.