Crown Prosecution Service v Fraser (Disability Discrimination) [2014] UKEAT 0021_13_0702 (7 February 2014)

Crown Prosecution Service v Fraser (Disability Discrimination) [2014] UKEAT 0021_13_0702 (7 February 2014)

The Employment Tribunal did not err in law in granting a review and revoking its earlier remedy judgment. The Tribunal properly considered the claimant's mental impairment and the need for medical evidence as relevant factors in exercising its discretion, without wrongly assuming a statutory duty to make reasonable adjustments under the Equality Act 2010. The interests of justice justified the review, and the finality of litigation was appropriately balanced against the claimant's circumstances.

Citation
[2014] UKEAT 0021_13_0702
Parties
Appellant/respondent Below: Crown Prosecution Service; Respondent/claimant Below: Mr G R Fraser
Jurisdiction
United Kingdom
Judgment Date
07 February 2014
Procedural Posture
Employment Appeal Tribunal (eat) 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, Remedy Hearings, Finality of Litigation, Judicial Function Exemption, Personal Injury Claims in Employment Context
Employment Law Disability Discrimination Reasonable Adjustments Review of Tribunal Decisions Remedy Hearings Finality of Litigation Judicial Function Exemption Personal Injury Claims in Employment Context

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 (eat) Appeal / Appeal Against Employment Tribunal's Review Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in granting a review and revoking its earlier remedy judgment made in the claimant's absence
  2. 2 Whether the Tribunal wrongly assumed a statutory duty to make reasonable adjustments under the Equality Act 2010 in the exercise of its judicial function
  3. 3 Whether the Tribunal erred in taking into account the claimant's mental impairment and absence of medical evidence as relevant factors in exercising its discretion

Ratio Decidendi

The Employment Tribunal did not err in law in granting a review and revoking its earlier remedy judgment. The Tribunal properly considered the claimant's mental impairment and the need for medical evidence as relevant factors in exercising its discretion, without wrongly assuming a statutory duty to make reasonable adjustments under the Equality Act 2010. The interests of justice justified the review, and the finality of litigation was appropriately balanced against the claimant's circumstances.

Court Disposition

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

Orders

  • The Employment Tribunal's decision to grant a review and revoke its earlier remedy judgment is upheld.
  • The remedy hearing is to be re-listed.