Cruickshank v. Vaw Motorcast Ltd [2001] UKEAT 645_00_2510 (25 October 2001)

Cruickshank v. Vaw Motorcast Ltd [2001] UKEAT 645_00_2510 (25 October 2001)

The Employment Tribunal erred in law by assessing disability at the time of the hearing rather than at the time of dismissal, and by failing to consider the effect of the appellant's impairment in the work environment and the correct scope of normal day-to-day activities. The Tribunal also failed to properly consider the reasonableness of the employer's actions regarding alternative employment and the procedural fairness of the dismissal.

Citation
[2001] UKEAT 645_00_2510
Parties
Appellant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
25 October 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a freshly constituted Tribunal.
Legal Topics
Disability Discrimination Act 1995, Unfair Dismissal, Definition of Disability, Assessment of Disability, Employment Tribunal Procedure
Employment Law Disability Discrimination Disability Discrimination Act 1995 Unfair Dismissal Definition of Disability Assessment of Disability Employment Tribunal Procedure

Case Brief

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Parties

Appellant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 At what point in time should disability be assessed for the purposes of the Disability Discrimination Act 1995?
  2. 2 Should the assessment of disability consider the employee's condition at work or away from work?
  3. 3 Did the Employment Tribunal err in law in its approach to the definition and assessment of disability under the Act?

Ratio Decidendi

The Employment Tribunal erred in law by assessing disability at the time of the hearing rather than at the time of dismissal, and by failing to consider the effect of the appellant's impairment in the work environment and the correct scope of normal day-to-day activities. The Tribunal also failed to properly consider the reasonableness of the employer's actions regarding alternative employment and the procedural fairness of the dismissal.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a freshly constituted Tribunal.

Orders

  • Set aside the finding that there was no disability under the Act.
  • Set aside the withdrawal of the remaining aspects of the complaint by the Appellant.