A v Choice Support (Formerly MCCH Ltd) (Disability Discrimination, Jurisdictional - Time Points and Whistleblowing, Protected Disclosures) [2022] EAT 145 (7 June 2022)

A v Choice Support (Formerly MCCH Ltd) (Disability Discrimination, Jurisdictional - Time Points and Whistleblowing, Protected Disclosures) [2022] EAT 145 (7 June 2022)

The Employment Tribunal did not err in law or principle in its treatment of the manner of suspension or in its exercise of discretion regarding the extension of time for the harassment claim. The tribunal considered all relevant factors, applied the correct legal principles, and its reasoning was sufficient and free of demonstrable error. The appeal required an impermissible hypercritical analysis of the tribunal's judgment, which is not allowed under established appellate principles.

Citation
[2022] EAT 145
Parties
Appellant: A; Respondent: Choice Support (formerly MCCH Ltd)
Jurisdiction
United Kingdom
Judgment Date
07 June 2022
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Jurisdictional Time Limits, Whistleblowing, Protected Disclosures, Constructive Dismissal, Sexual Harassment, Victimisation
Employment Law Discrimination Law Disability Discrimination Jurisdictional Time Limits Whistleblowing Protected Disclosures Constructive Dismissal Sexual Harassment +1 more

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Parties

A

Appellant

Choice Support (formerly MCCH Ltd)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the tribunal erred by not considering the manner in which the Claimant's suspension was communicated
  2. 2 Whether the tribunal erred in failing to exercise its discretion to extend time on a claim of harassment

Ratio Decidendi

The Employment Tribunal did not err in law or principle in its treatment of the manner of suspension or in its exercise of discretion regarding the extension of time for the harassment claim. The tribunal considered all relevant factors, applied the correct legal principles, and its reasoning was sufficient and free of demonstrable error. The appeal required an impermissible hypercritical analysis of the tribunal's judgment, which is not allowed under established appellate principles.

Court Disposition

Appeal dismissed