Collett v. Diocese of Hallam Trustee [2001] UKEAT 1400_00_1712 (17 December 2001)

Collett v. Diocese of Hallam Trustee [2001] UKEAT 1400_00_1712 (17 December 2001)

The Tribunal erred in law by failing to adequately apply the statutory guidance and by considering disability only as at the date of the discriminatory act, rather than up to and including the date of the hearing. The decision did not provide sufficient reasoning or analysis in light of the relevant guidance.

Citation
[2001] UKEAT 1400_00_1712
Parties
Appellant's Counsel: Miss K Monaghan; Appellant's Solicitor: Mr K Woodhouse; Respondents: Respondents
Jurisdiction
United Kingdom
Judgment Date
17 December 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; case remitted
Legal Topics
Disability Discrimination Act 1995, Definition of Disability, Tribunal Procedure, Guidance Application
Employment Law Disability Discrimination Disability Discrimination Act 1995 Definition of Disability Tribunal Procedure Guidance Application

Case Brief

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Parties

Miss K Monaghan

Appellant's Counsel

Mr K Woodhouse

Appellant's Solicitor

Respondents

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Tribunal erred in law by failing to properly apply statutory guidance in determining disability under the Disability Discrimination Act 1995
  2. 2 Whether the Tribunal should have considered the applicant's condition up to and including the date of the hearing

Ratio Decidendi

The Tribunal erred in law by failing to adequately apply the statutory guidance and by considering disability only as at the date of the discriminatory act, rather than up to and including the date of the hearing. The decision did not provide sufficient reasoning or analysis in light of the relevant guidance.

Court Disposition

Appeal allowed; case remitted

Orders

  • Case remitted to a differently constituted Tribunal for rehearing on the merits, including the issue of disability and all other relevant issues.