Renfrewshire Council v. Adamson [2007] UKEAT 0013_07_2202 (22 February 2007)

Renfrewshire Council v. Adamson [2007] UKEAT 0013_07_2202 (22 February 2007)

The Tribunal erred in restricting the respondents from eliciting evidence regarding the claimant's disability status between August 1999 and May 2002, as the concession had already been withdrawn and the issue was not res judicata. The Tribunal's decision on this point was perverse and based on a misapprehension of fact and law. However, the Tribunal did not err in allowing the claimant to amend her claim, as the exercise of discretion was open to it in the circumstances.

Citation
[2007] UKEAT 0013_07_2202
Parties
Appellant (respondent): Renfrewshire Council; Respondent (claimant): [Claimant Name Not Provided]
Jurisdiction
United Kingdom
Judgment Date
22 February 2007
Procedural Posture
Employment Appeal / Appeal Against Interlocutory Orders of Employment Tribunal
Outcome
Appeal allowed in part
Legal Topics
Amendment of Pleadings, Withdrawal of Concessions, Res Judicata, Disability Discrimination Act 1995, Tribunal Procedure
Employment Law Disability Discrimination Amendment of Pleadings Withdrawal of Concessions Res Judicata Disability Discrimination Act 1995 Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Renfrewshire Council

Appellant (respondent)

[Claimant Name Not Provided]

Respondent (claimant)

Procedural Posture

Employment Appeal / Appeal Against Interlocutory Orders of Employment Tribunal

Legal Issues

  1. 1 Whether the Tribunal erred in allowing the claimant to amend her claim to include past disability discrimination
  2. 2 Whether the Tribunal erred in restricting the respondents from eliciting evidence regarding the claimant's disability status between August 1999 and May 2002
  3. 3 Whether the issue of the concession was res judicata

Ratio Decidendi

The Tribunal erred in restricting the respondents from eliciting evidence regarding the claimant's disability status between August 1999 and May 2002, as the concession had already been withdrawn and the issue was not res judicata. The Tribunal's decision on this point was perverse and based on a misapprehension of fact and law. However, the Tribunal did not err in allowing the claimant to amend her claim, as the exercise of discretion was open to it in the circumstances.

Court Disposition

Appeal allowed in part

Orders

  • Order quashing the Tribunal's second order restricting evidence.
  • Remit to the same Tribunal to proceed with the hearing, allowing the respondents to recall the claimant and her General Practitioner for further cross-examination and, if necessary, re-examination.