Cumbria Probation Board v. Collingwood [2008] UKEAT 0079_08_2805 (28 May 2008)

Cumbria Probation Board v. Collingwood [2008] UKEAT 0079_08_2805 (28 May 2008)

The Employment Tribunal was entitled to find, as a matter of fact, that the Claimant became disabled on 1 November 2005 and that the Respondent failed to make reasonable adjustments and subjected the Claimant to harassment related to his disability. The Claimant's grievance letters satisfied statutory requirements, and the Tribunal's findings were supported by evidence and correct application of legal principles.

Citation
[2008] UKEAT 0079_08_2805
Parties
Claimant: Steven Collingwood; Respondent: Cumbria Probation Authority
Jurisdiction
United Kingdom
Judgment Date
28 May 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed (save for two conceded claims); Employment Tribunal judgment upheld
Legal Topics
Disability Discrimination, Reasonable Adjustments, Harassment, Statutory Grievance Procedure, Jurisdictional Requirements
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Harassment Statutory Grievance Procedure Jurisdictional Requirements

Case Brief

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Parties

Steven Collingwood

Claimant

Cumbria Probation Authority

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Date of disability for statutory purposes
  2. 2 Employer's knowledge of disability
  3. 3 Failure to make reasonable adjustments

Ratio Decidendi

The Employment Tribunal was entitled to find, as a matter of fact, that the Claimant became disabled on 1 November 2005 and that the Respondent failed to make reasonable adjustments and subjected the Claimant to harassment related to his disability. The Claimant's grievance letters satisfied statutory requirements, and the Tribunal's findings were supported by evidence and correct application of legal principles.

Court Disposition

Appeal dismissed (save for two conceded claims); Employment Tribunal judgment upheld

Orders

  • Employment Tribunal's findings of discrimination and harassment upheld
  • Appeal allowed in part only as conceded by Claimant; otherwise dismissed