A Rehman v DHL Services Limited

A Rehman v DHL Services Limited

The employment tribunal judge erred in law by misinterpreting Dr Misra’s reference to 'unconscious magnification of symptoms' as supporting a finding of exaggeration and lack of credibility, which materially affected the assessment of the claimant’s disabled status in relation to all three impairments. The error undermined the tribunal’s reasoning and required the issue to be remitted for rehearing.

Parties
Appellant: Mr A Rehman; Respondent: DHL Services Limited
Jurisdiction
England and Wales
Judgment Date
15 June 2022
Procedural Posture
Employment Appeal / Appeal From Preliminary Hearing Decision
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Disability Status Determination, Amendment of Pleadings, Credibility Assessment, Discrimination Arising From Disability, Victimisation
Employment Law Disability Discrimination Disability Status Determination Amendment of Pleadings Credibility Assessment Discrimination Arising From Disability Victimisation

Case Brief

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Parties

Mr A Rehman

Appellant

DHL Services Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Preliminary Hearing Decision

Legal Issues

  1. 1 Whether the employment tribunal erred in its assessment of the claimant's disabled status under the Equality Act 2010
  2. 2 Whether the tribunal's refusal to permit amendment of the claim was affected by error of law

Ratio Decidendi

The employment tribunal judge erred in law by misinterpreting Dr Misra’s reference to 'unconscious magnification of symptoms' as supporting a finding of exaggeration and lack of credibility, which materially affected the assessment of the claimant’s disabled status in relation to all three impairments. The error undermined the tribunal’s reasoning and required the issue to be remitted for rehearing.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • The decision that the claimant was not a disabled person is set aside and the issue is remitted to a different employment judge for rehearing.
  • The appeal against the refusal to permit amendment of the claim is dismissed.