Ree v. Redrow Homes (Yorkshire) Ltd [2003] UKEAT 0035_03_0904 (9 April 2003)

Ree v. Redrow Homes (Yorkshire) Ltd [2003] UKEAT 0035_03_0904 (9 April 2003)

Principles from Burton v De Vere regarding employer liability for third-party harassment can be applied to disability discrimination cases under the Disability Discrimination Act 1995; appeal allowed and remitted for further factual findings.

Citation
[2003] UKEAT 0035_03_0904
Parties
Appellant: Daniel Ree; Respondent: Redrow Homes (Yorkshire) Ltd
Jurisdiction
United Kingdom
Judgment Date
09 April 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
appeal allowed
Legal Topics
Disability Discrimination, Employer Liability, Harassment, Reasonable Adjustments
Employment Law Discrimination Law Disability Discrimination Employer Liability Harassment Reasonable Adjustments

Case Brief

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Parties

Daniel Ree

Appellant

Redrow Homes (Yorkshire) Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether employer can be liable for disability discrimination by contractor's operatives
  2. 2 Whether principles from Burton v De Vere apply to disability discrimination
  3. 3 Whether failure to prevent harassment constitutes discrimination under Disability Discrimination Act 1995

Ratio Decidendi

Principles from Burton v De Vere regarding employer liability for third-party harassment can be applied to disability discrimination cases under the Disability Discrimination Act 1995; appeal allowed and remitted for further factual findings.

Court Disposition

appeal allowed

Orders

  • Case remitted to Employment Tribunal for further factual findings regarding harassment by contractor's operatives.
  • Leave to appeal granted to respondent.