Mumtaz Food Industries Ltd v Javed (Disability Discrimination : Justification) [2013] UKEAT 0397_12_3001 (30 January 2013)

Mumtaz Food Industries Ltd v Javed (Disability Discrimination : Justification) [2013] UKEAT 0397_12_3001 (30 January 2013)

The Tribunal erred in law by deciding the disability discrimination claim on the basis of disability-related discrimination, which was not pleaded or argued, thereby depriving the Respondents of a fair opportunity to answer the case; the decision cannot stand and must be remitted.

Citation
[2013] UKEAT 0397_12_3001
Parties
Appellant/respondent: Mumtaz Food Industries Limited; Respondent/claimant: Mr Javed
Jurisdiction
United Kingdom
Judgment Date
30 January 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; disability discrimination decision set aside; case remitted to same Tribunal for reconsideration.
Legal Topics
Disability Discrimination, Direct Discrimination, Disability Related Discrimination, Procedural Fairness, Pleading Requirements, Remittal
Employment Law Discrimination Law Disability Discrimination Direct Discrimination Disability Related Discrimination Procedural Fairness Pleading Requirements Remittal

Case Brief

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Parties

Mumtaz Food Industries Limited

Appellant/respondent

Mr Javed

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred by deciding the disability discrimination claim on a basis not pleaded or argued (disability-related discrimination instead of direct discrimination)
  2. 2 Whether the Respondents suffered prejudice as a result of the Tribunal's approach
  3. 3 Whether the case should be remitted and to which Tribunal

Ratio Decidendi

The Tribunal erred in law by deciding the disability discrimination claim on the basis of disability-related discrimination, which was not pleaded or argued, thereby depriving the Respondents of a fair opportunity to answer the case; the decision cannot stand and must be remitted.

Court Disposition

Appeal allowed; disability discrimination decision set aside; case remitted to same Tribunal for reconsideration.

Orders

  • The disability discrimination claim is remitted to the same Employment Tribunal for reconsideration on the correct legal basis.