Fraser v Crown Prosecution Service (Disability Discrimination) [2013] UKEAT 0022_13_0702 (16 January 2013)

Fraser v Crown Prosecution Service (Disability Discrimination) [2013] UKEAT 0022_13_0702 (16 January 2013)

The Employment Tribunal did not err in law in granting a review and revoking its earlier remedy judgment; it properly considered the Claimant's mental impairment as a relevant factor affecting his conduct, did not misapply the Equality Act 2010, and was entitled to consider the absence of medical evidence as justifying a further hearing in the interests of justice.

Citation
[2013] UKEAT 0022_13_0702
Parties
Appellant/respondent Below: Crown Prosecution Service; Respondent/claimant Below: Mr G R Fraser
Jurisdiction
United Kingdom
Judgment Date
16 January 2013
Procedural Posture
Employment Appeal Tribunal Appeal / Appeal Against Employment Tribunal's Review Decision
Outcome
Appeal dismissed; cross-appeal dismissed; order for remedy hearing to be re-listed upheld.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Review of Tribunal Decisions, Remedies in Employment Claims, Finality of Litigation, Judicial Function Exemption, Personal Injury in Discrimination Claims
Employment Law Disability Discrimination Reasonable Adjustments Review of Tribunal Decisions Remedies in Employment Claims Finality of Litigation Judicial Function Exemption Personal Injury in Discrimination Claims

Case Brief

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Parties

Crown Prosecution Service

Appellant/respondent Below

Mr G R Fraser

Respondent/claimant Below

Procedural Posture

Employment Appeal Tribunal Appeal / Appeal Against Employment Tribunal's Review Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in revoking its earlier remedy judgment and ordering a new remedy hearing after a review application by the Claimant
  2. 2 Whether the Tribunal wrongly considered itself under a statutory duty to make reasonable adjustments under the Equality Act 2010 when exercising its judicial function
  3. 3 Whether the Tribunal erred in taking into account the Claimant's mental impairment as influencing his conduct of proceedings

Ratio Decidendi

The Employment Tribunal did not err in law in granting a review and revoking its earlier remedy judgment; it properly considered the Claimant's mental impairment as a relevant factor affecting his conduct, did not misapply the Equality Act 2010, and was entitled to consider the absence of medical evidence as justifying a further hearing in the interests of justice.

Court Disposition

Appeal dismissed; cross-appeal dismissed; order for remedy hearing to be re-listed upheld.

Orders

  • The Respondent's appeal is dismissed.
  • The Claimant's cross-appeal is dismissed.