Veterinary Laboratories Agency v Sandvik (Disability Discrimination : Direct) [2011] UKEAT 0263_11_0510 (5 October 2011)

Veterinary Laboratories Agency v Sandvik (Disability Discrimination : Direct) [2011] UKEAT 0263_11_0510 (5 October 2011)

The Employment Tribunal erred in law by failing to confine itself to the issues identified in the case management order, failing to address the statutory defence of justification and the time-bar, and not applying the correct legal test for unfair dismissal. The findings on unfair dismissal were so intertwined with the errors in the disability discrimination findings that they could not stand. The appeal was allowed and the matter remitted to a freshly constituted Employment Tribunal for determination of the correct issues.

Citation
[2011] UKEAT 0263_11_0510
Parties
Appellant/respondent: DEFRA; Respondent/claimant: Dr Sandvik
Jurisdiction
United Kingdom
Judgment Date
05 October 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; judgment of Employment Tribunal set aside; controlled remission to a fresh Employment Tribunal.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Unfair Dismissal, Procedural Fairness, Time Bar, Justification Defence
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Procedural Fairness Time Bar Justification Defence

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Parties

DEFRA

Appellant/respondent

Dr Sandvik

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to follow case management directions and address the correct issues
  2. 2 Whether the Tribunal failed to address time-bar and justification in disability discrimination claims
  3. 3 Whether the Tribunal applied the correct legal test for unfair dismissal under section 98(4) Employment Rights Act 1996

Ratio Decidendi

The Employment Tribunal erred in law by failing to confine itself to the issues identified in the case management order, failing to address the statutory defence of justification and the time-bar, and not applying the correct legal test for unfair dismissal. The findings on unfair dismissal were so intertwined with the errors in the disability discrimination findings that they could not stand. The appeal was allowed and the matter remitted to a freshly constituted Employment Tribunal for determination of the correct issues.

Court Disposition

Appeal allowed; judgment of Employment Tribunal set aside; controlled remission to a fresh Employment Tribunal.

Orders

  • Remission of issues 2(iii), 2(iv), 4(i), 4(ii), 6, and 7 from the CMD to a new Employment Tribunal
  • Time-bar and justification to be addressed on remission