Tough v Revenue and Customs (Practice and Procedure - strike out) [2020] UKEAT 0255_19_1402 (14 February 2020)

Tough v Revenue and Customs (Practice and Procedure - strike out) [2020] UKEAT 0255_19_1402 (14 February 2020)

The appeal was dismissed because the Claimant had limited his case to one requiring proof of actual disability, accepted that the preliminary issue of disability status would be determinative, and did not pursue or plead a case of perceived disability discrimination or harassment. The Tribunal did not err in striking out the claims on the basis of its finding that the Claimant was not disabled.

Citation
[2020] UKEAT 0255_19_1402
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
14 February 2020
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal's Strike Out Decision After Preliminary Hearing on Disability Status
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Direct Discrimination, Harassment, Perceived Disability, Equality Act 2010, Employment Tribunal Procedure
Employment Law Equality Law Disability Discrimination Direct Discrimination Harassment Perceived Disability Equality Act 2010 Employment Tribunal Procedure

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal's Strike Out Decision After Preliminary Hearing on Disability Status

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to make findings as to perceived disability discrimination and harassment
  2. 2 Whether the Tribunal erred in striking out claims of direct disability discrimination and harassment related to disability solely on the basis that the Claimant was not disabled

Ratio Decidendi

The appeal was dismissed because the Claimant had limited his case to one requiring proof of actual disability, accepted that the preliminary issue of disability status would be determinative, and did not pursue or plead a case of perceived disability discrimination or harassment. The Tribunal did not err in striking out the claims on the basis of its finding that the Claimant was not disabled.

Court Disposition

Appeal dismissed