McCubbin V Perth & Kinross Council (Disability Discrimination : Disability) [2013] UKEAT 0025_13_1610 (16 October 2013)

McCubbin V Perth & Kinross Council (Disability Discrimination : Disability) [2013] UKEAT 0025_13_1610 (16 October 2013)

The Employment Tribunal erred in law by failing to separately and properly consider whether the Respondent could reasonably be expected to know of the Claimant's disability (constructive knowledge) prior to 25 September 2012. The question of constructive knowledge must be determined at the full hearing.

Citation
[2013] UKEAT 0025_13_1610
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
16 October 2013
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Pre Hearing Review
Outcome
Appeal allowed
Legal Topics
Disability Discrimination, Constructive Knowledge, Reasonable Adjustments, Equality Act 2010, Pre Hearing Review
Employment Law Equality Law Disability Discrimination Constructive Knowledge Reasonable Adjustments Equality Act 2010 Pre Hearing Review

Case Brief

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Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Pre Hearing Review

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test for constructive knowledge of disability under the Equality Act 2010
  2. 2 Whether the Respondent could reasonably be expected to know of the Claimant's disability prior to 25 September 2012

Ratio Decidendi

The Employment Tribunal erred in law by failing to separately and properly consider whether the Respondent could reasonably be expected to know of the Claimant's disability (constructive knowledge) prior to 25 September 2012. The question of constructive knowledge must be determined at the full hearing.

Court Disposition

Appeal allowed

Orders

  • The question of what the Respondent could reasonably be expected to know is to be determined at the full hearing of the claim.