Colt Group Ltd v. Couchman [2000] UKEAT 785_99_1201 (12 January 2000)

Colt Group Ltd v. Couchman [2000] UKEAT 785_99_1201 (12 January 2000)

Section 7(1) of the Disability Discrimination Act 1995 exempts employers with fewer than the specified number of employees, and the exemption applies to the individual legal entity employing the claimant; employees of associated or group companies are not to be aggregated unless expressly provided by statute.

Citation
[2000] UKEAT 785_99_1201
Parties
Appellant: Colt Group Plc; Respondent: Mrs Couchman
Jurisdiction
United Kingdom
Judgment Date
12 January 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed
Legal Topics
Statutory Interpretation, Exemption for Small Businesses, Definition of Employer, Group Companies, Disability Discrimination Act 1995
Employment Law Disability Discrimination Statutory Interpretation Exemption for Small Businesses Definition of Employer Group Companies Disability Discrimination Act 1995

Case Brief

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Parties

Colt Group Plc

Appellant

Mrs Couchman

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether section 7(1) of the Disability Discrimination Act 1995 exempts the appellant as an employer with fewer than 20 employees
  2. 2 Whether employees of associated or group companies should be aggregated for the purpose of the exemption
  3. 3 Proper construction of 'employer' and 'employee' under the DDA

Ratio Decidendi

Section 7(1) of the Disability Discrimination Act 1995 exempts employers with fewer than the specified number of employees, and the exemption applies to the individual legal entity employing the claimant; employees of associated or group companies are not to be aggregated unless expressly provided by statute.

Court Disposition

appeal allowed

Orders

  • Employment Tribunal decision set aside
  • Leave to appeal refused