James Linton v The Athelstan Trust
The Employment Tribunal erred in law by failing to properly engage with the medical evidence regarding the likelihood of recurrence of the claimant's impairment, by not making necessary findings on whether the claimant's condition was substantial and long-term or likely to recur, and by failing to provide adequate reasons for making a deposit order. The Tribunal's approach did not demonstrate a proper basis for doubting the claimant's ability to establish the facts essential to his claim.
- Parties
- Appellant/claimant: James Linton; Respondent: The Athelstan Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Employment Appeal / Appeal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Disability Discrimination, Automatic Unfair Dismissal, Deposit Order, Section 6 Equality Act 2010, Section 103 a Employment Rights Act 1996
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
James Linton
Appellant/claimant
The Athelstan Trust
Respondent
Procedural Posture
Employment Appeal / Appeal Judgment
Legal Issues
- 1 Whether the claimant was disabled within the meaning of section 6 Equality Act 2010 at the material time
- 2 Whether the Employment Tribunal erred in its approach to medical evidence and the assessment of disability
- 3 Whether the Employment Tribunal provided adequate reasons for making a deposit order under rule 39
Ratio Decidendi
The Employment Tribunal erred in law by failing to properly engage with the medical evidence regarding the likelihood of recurrence of the claimant's impairment, by not making necessary findings on whether the claimant's condition was substantial and long-term or likely to recur, and by failing to provide adequate reasons for making a deposit order. The Tribunal's approach did not demonstrate a proper basis for doubting the claimant's ability to establish the facts essential to his claim.
Court Disposition
Appeal allowed
Orders
- The claimant's appeals are allowed.
- The decisions of the Employment Tribunal on disability and the deposit order are set aside.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment