TRW Systems Ltd v Routledge [2007] UKEAT 0539_06_0803 (8 March 2007)

TRW Systems Ltd v Routledge [2007] UKEAT 0539_06_0803 (8 March 2007)

The Tribunal erred in law by failing to provide adequate reasoning connecting findings of fact to statutory requirements, misapplying legal principles regarding comparators and justification, and not following subsequent binding authorities. Two grounds of appeal were allowed, but other findings were not infected. The case is remitted for reconsideration in accordance with correct legal directions.

Citation
[2007] UKEAT 0539_06_0803
Parties
Applicant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
08 March 2007
Procedural Posture
Employment Appeal Tribunal / Appeal and Remission
Outcome
Appeal allowed, case remitted to same Employment Tribunal for reconsideration.
Legal Topics
Disability Related Discrimination, Reasonable Adjustments, Justification, Sick Pay Policy, Comparators, Tribunal Reasoning
Employment Law Disability Discrimination Disability Related Discrimination Reasonable Adjustments Justification Sick Pay Policy Comparators Tribunal Reasoning

Case Brief

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Parties

Claimant

Applicant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal and Remission

Legal Issues

  1. 1 Whether the claimant was discriminated against for a reason relating to his disability by being treated less favourably than others
  2. 2 Whether the respondent failed to make reasonable adjustments for the claimant as required by law
  3. 3 Whether the application of the sick pay policy was justified

Ratio Decidendi

The Tribunal erred in law by failing to provide adequate reasoning connecting findings of fact to statutory requirements, misapplying legal principles regarding comparators and justification, and not following subsequent binding authorities. Two grounds of appeal were allowed, but other findings were not infected. The case is remitted for reconsideration in accordance with correct legal directions.

Court Disposition

Appeal allowed, case remitted to same Employment Tribunal for reconsideration.

Orders

  • Remission to same Employment Tribunal unless impracticable
  • Permission to appeal on Tarbuck point with extension of time