Sud v London Borough of Ealing

Sud v London Borough of Ealing

The tribunal’s conclusions on the disability discrimination claims were plainly and unarguably right, irrespective of the failure to address the deduced effect of the appellant’s treatment, and the costs order was within the tribunal’s discretion given the appellant’s unreasonable conduct.

Source-derived case information.

Parties
Appellant: Sud; Respondent: London Borough of Ealing
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Costs Orders, Protected Disclosure, Unfair Dismissal
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Costs Orders Protected Disclosure Unfair Dismissal

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Parties

Sud

Appellant

London Borough of Ealing

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to consider the deduced effect of the appellant’s illness under schedule 1, paragraph 6 of the Disability Discrimination Act 1995
  2. 2 Whether the costs order against the appellant should be set aside

Ratio Decidendi

The tribunal’s conclusions on the disability discrimination claims were plainly and unarguably right, irrespective of the failure to address the deduced effect of the appellant’s treatment, and the costs order was within the tribunal’s discretion given the appellant’s unreasonable conduct.

Court Disposition

Appeal dismissed

Orders

  • No remittal to the tribunal
  • Costs order of 50% against appellant upheld