Miller v. An Order And Judgment Of Employment Appeal Trobinal [2005] ScotCS CSIH_71 (13 October 2005)

Miller v. An Order And Judgment Of Employment Appeal Trobinal [2005] ScotCS CSIH_71 (13 October 2005)

The Employment Tribunal erred in law by failing to make necessary findings of fact regarding the nature of the appellant's impairment and by treating previous case law as determinative rather than assessing the evidence in this case. The Tribunal must reconsider the evidence, make explicit findings, and apply the statutory test as clarified by the Court of Appeal in McNicol.

Citation
[2005] ScotCS CSIH_71
Parties
Appellant: Wallace Millar; Respondents: Commissioners of Revenue & Customs
Jurisdiction
Scotland
Judgment Date
13 October 2005
Procedural Posture
Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Appeal From Employment Appeal Tribunal to Court of Session
Outcome
Appeal allowed
Legal Topics
Definition of Disability Under Disability Discrimination Act 1995, Physical Vs Mental Impairment, Tribunal Fact Finding Obligations
Employment Law Disability Discrimination Definition of Disability Under Disability Discrimination Act 1995 Physical Vs Mental Impairment Tribunal Fact Finding Obligations

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Parties

Wallace Millar

Appellant

Commissioners of Revenue & Customs

Respondents

Procedural Posture

Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Appeal From Employment Appeal Tribunal to Court of Session

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in its approach to determining if the appellant was a disabled person under the Disability Discrimination Act 1995
  2. 2 Whether the Tribunal failed to make necessary findings of fact regarding the nature of the appellant's impairment

Ratio Decidendi

The Employment Tribunal erred in law by failing to make necessary findings of fact regarding the nature of the appellant's impairment and by treating previous case law as determinative rather than assessing the evidence in this case. The Tribunal must reconsider the evidence, make explicit findings, and apply the statutory test as clarified by the Court of Appeal in McNicol.

Court Disposition

Appeal allowed

Orders

  • Case remitted to the Employment Tribunal for reconsideration with directions to make findings of fact and apply the correct legal test.