Wigginton v.Cowie & Ors (t/a Baxter International (A Partnership)) [2010] UKEAT 0322_09_1806 (18 June 2010)

The Tribunal misapplied the law by using the disapproved Latchman test for 'likely' and failed to properly apply the four-step Goodwin test, resulting in an incorrect application of the law to the facts. The appeal is allowed and the matter remitted for rehearing before a fresh Tribunal.

Citation: [2010] UKEAT 0322_09_1806
Parties: Claimant: Mr Wigginton; Respondent: Baxter International
Jurisdiction: United Kingdom
Judgment Date: 18 June 2010
Procedural Posture: Employment Appeal / Appeal From Employment Tribunal Decision
Outcome: Appeal allowed
Legal Topics: Disability Definition Under DDA, Tribunal Reasoning, Fair Hearing, Application of Legal Tests

Employment Law Disability Discrimination Disability Definition Under DDA Tribunal Reasoning Fair Hearing Application of Legal Tests

Case Brief

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Parties

Mr Wigginton

Claimant

Baxter International

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

1 Whether the claimant was disabled within the meaning of the Disability Discrimination Act 1995 as at the relevant date
2 Whether the Employment Tribunal applied the correct legal test for 'likely' under Schedule 1 DDA
3 Whether the Tribunal failed to apply the four sequential questions from Goodwin v Patent Office

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

The issue of whether the claimant is disabled for the purposes of the DDA is remitted to a fresh Employment Tribunal for rehearing.