Garrett v Lidl Ltd [2009] UKEAT 0541_09_1612 (16 December 2009)

Garrett v Lidl Ltd [2009] UKEAT 0541_09_1612 (16 December 2009)

The tribunal erred in its approach to victimisation and harassment by failing to apply the correct legal tests and by dismissing victimisation claims solely due to the failure of discrimination claims; the tribunal also erred in its approach to time limits by extending time without clear evidence from the appellant as to the delay.

Citation
[2009] UKEAT 0541_09_1612
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
16 December 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed in relation to victimisation, harassment, and time limits; matters remitted to the same tribunal for reconsideration.
Legal Topics
Reasonable Adjustments, Victimisation, Harassment, Time Limits
Employment Law Disability Discrimination Reasonable Adjustments Victimisation Harassment Time Limits

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the respondent failed to make reasonable adjustments for the appellant's disability at her original workplace
  2. 2 Whether the appellant was victimised for protected acts under the Disability Discrimination Act 1995
  3. 3 Whether the appellant was subjected to harassment related to her disability

Ratio Decidendi

The tribunal erred in its approach to victimisation and harassment by failing to apply the correct legal tests and by dismissing victimisation claims solely due to the failure of discrimination claims; the tribunal also erred in its approach to time limits by extending time without clear evidence from the appellant as to the delay.

Court Disposition

Appeal allowed in relation to victimisation, harassment, and time limits; matters remitted to the same tribunal for reconsideration.

Orders

  • Set aside findings on victimisation, harassment, and time limits
  • Remit these issues to the same Employment Tribunal for fresh consideration