Debra Lingard v Leading Learners Multi Academy Trust
The Employment Tribunal's findings that the respondent lacked actual or constructive knowledge of the claimant's disability at the relevant time were open to it on the evidence and not perverse. The Tribunal applied the correct legal tests, and its reasoning was adequate. The forgery allegation was properly rejected as opinion, not fact.
- Parties
- Appellant: Mrs Debra Lingard; Respondent: Leading Learners Multi Academy Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 12 April 2023
- Procedural Posture
- Employment Appeal / Judgment
- Outcome
- appeal and cross-appeal dismissed
- Legal Topics
- Disability Discrimination, Constructive Dismissal, Knowledge of Disability, Reasonable Adjustments
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Debra Lingard
Appellant
Leading Learners Multi Academy Trust
Respondent
Procedural Posture
Employment Appeal / Judgment
Legal Issues
- 1 Whether the respondent had actual or constructive knowledge of the claimant's disability for purposes of discrimination claims
- 2 Whether the Employment Tribunal applied the correct legal tests for knowledge under ss13, 15, and 20 Equality Act 2010
- 3 Whether findings regarding alleged forgery of appraisal signatures were perverse or inadequately reasoned
Ratio Decidendi
The Employment Tribunal's findings that the respondent lacked actual or constructive knowledge of the claimant's disability at the relevant time were open to it on the evidence and not perverse. The Tribunal applied the correct legal tests, and its reasoning was adequate. The forgery allegation was properly rejected as opinion, not fact.
Court Disposition
appeal and cross-appeal dismissed
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