Jenkins v. Hugh James Solicitors [2005] UKEAT 0885_04_0303 (3 March 2005)

Jenkins v. Hugh James Solicitors [2005] UKEAT 0885_04_0303 (3 March 2005)

The Employment Tribunal erred in law by failing to consider the deduced effect of the claimant's impairment without medication and coping strategies, and by not making proper findings of fact as to the extent of the adverse effect on her ability to carry out normal day-to-day activities at the relevant time.

Citation
[2005] UKEAT 0885_04_0303
Parties
Appellant/claimant: Mrs Gillian Jenkins; Respondent/employer: Hugh James Solicitors
Jurisdiction
United Kingdom
Judgment Date
03 March 2005
Procedural Posture
Employment Tribunal Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; issue remitted for rehearing
Legal Topics
Definition of Disability, Substantial Adverse Effect, Deduced Effect, Employment Tribunal Procedure
Employment Law Disability Discrimination Definition of Disability Substantial Adverse Effect Deduced Effect Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Gillian Jenkins

Appellant/claimant

Hugh James Solicitors

Respondent/employer

Procedural Posture

Employment Tribunal Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the claimant is disabled within the meaning of section 1 of the Disability Discrimination Act 1995
  2. 2 Whether the Employment Tribunal properly considered the deduced effect of the claimant's impairment without medication and coping strategies
  3. 3 Whether the adverse effect on the claimant's ability to carry out normal day-to-day activities was substantial

Ratio Decidendi

The Employment Tribunal erred in law by failing to consider the deduced effect of the claimant's impairment without medication and coping strategies, and by not making proper findings of fact as to the extent of the adverse effect on her ability to carry out normal day-to-day activities at the relevant time.

Court Disposition

Appeal allowed; issue remitted for rehearing

Orders

  • The appeal is allowed.
  • The issue of disability is remitted to a fresh employment tribunal for rehearing.