Murphy v Slough Borough Council & Ors

Murphy v Slough Borough Council & Ors

The Governing Body of Langleywood School was the only proper respondent to the complaint about the refusal of paid leave, as the power to grant or refuse such leave falls within its employment powers under the statutory framework. The refusal of paid leave was justified due to the school's financial situation, and no breach of duty under the Disability Discrimination Act 1995 was established.

Parties
Appellant: Mrs S Murphy; Respondent: Slough Borough Council; Respondent: Governing Body of Langleywood School
Jurisdiction
England and Wales
Judgment Date
16 February 2005
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Appropriate Respondent in Disability Discrimination Claims, Employment Powers of School Governing Bodies, Justification Defence Under Disability Discrimination Act
Employment Law Disability Discrimination Appropriate Respondent in Disability Discrimination Claims Employment Powers of School Governing Bodies Justification Defence Under Disability Discrimination Act

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Parties

Mrs S Murphy

Appellant

Slough Borough Council

Respondent

Governing Body of Langleywood School

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Who is the appropriate respondent in a disability discrimination claim by a teacher at a maintained community school with a delegated budget?
  2. 2 Does the governing body have the power to grant or refuse paid leave, and is it the only proper respondent?
  3. 3 Was the refusal of paid leave justified under the Disability Discrimination Act 1995?

Ratio Decidendi

The Governing Body of Langleywood School was the only proper respondent to the complaint about the refusal of paid leave, as the power to grant or refuse such leave falls within its employment powers under the statutory framework. The refusal of paid leave was justified due to the school's financial situation, and no breach of duty under the Disability Discrimination Act 1995 was established.

Court Disposition

Appeal dismissed