Abbey National Plc v. Bartlett [2001] UKEAT 1289_99_2006 (20 June 2001)

Abbey National Plc v. Bartlett [2001] UKEAT 1289_99_2006 (20 June 2001)

The Employment Tribunal erred in law by making findings not supported by evidence and by conflating justification under Sections 5 and 6, failing to properly account for its own finding that a reasonable adjustment had been made.

Citation
[2001] UKEAT 1289_99_2006
Parties
Employer: Appellant; Employee: Respondent
Jurisdiction
United Kingdom
Judgment Date
20 June 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside
Legal Topics
Disability Discrimination Act 1995, Reasonable Adjustments, Justification for Dismissal
Employment Law Disability Discrimination Disability Discrimination Act 1995 Reasonable Adjustments Justification for Dismissal

Case Brief

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Parties

Appellant

Employer

Respondent

Employee

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the employer unlawfully discriminated against the respondent contrary to the Disability Discrimination Act 1995
  2. 2 Whether the employer complied with its duty to make reasonable adjustments under Section 6
  3. 3 Whether the justification for dismissal was both material and substantial

Ratio Decidendi

The Employment Tribunal erred in law by making findings not supported by evidence and by conflating justification under Sections 5 and 6, failing to properly account for its own finding that a reasonable adjustment had been made.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside

Orders

  • Matter to be reheard before a differently constituted Tribunal