Macklin [2007] UKEAT 0370_07_3011 (30 November 2007)

Macklin [2007] UKEAT 0370_07_3011 (30 November 2007)

There were arguable errors in the Tribunal's approach to factual questions under sections 5 and 6 of the Disability Discrimination Act 1995, warranting a full hearing of the appeal.

Citation
[2007] UKEAT 0370_07_3011
Parties
Claimant: Denise Macklin; Respondent: Department for Work and Pensions
Jurisdiction
United Kingdom
Judgment Date
30 November 2007
Procedural Posture
Employment Appeal Tribunal Preliminary Hearing / Preliminary Hearing to Assess Grounds for Full Appeal
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Disability Discrimination Act 1995, Unfair Dismissal, Reasonable Adjustments, Procedural Error
Employment Law Disability Discrimination Disability Discrimination Act 1995 Unfair Dismissal Reasonable Adjustments Procedural Error

Case Brief

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Parties

Denise Macklin

Claimant

Department for Work and Pensions

Respondent

Procedural Posture

Employment Appeal Tribunal Preliminary Hearing / Preliminary Hearing to Assess Grounds for Full Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to factual questions under sections 5 and 6 of the Disability Discrimination Act 1995
  2. 2 Whether the arrangements of employment placed the claimant at a substantial disadvantage
  3. 3 Whether the Department failed to take reasonable steps to prevent disadvantage

Ratio Decidendi

There were arguable errors in the Tribunal's approach to factual questions under sections 5 and 6 of the Disability Discrimination Act 1995, warranting a full hearing of the appeal.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • Appeal to proceed to full hearing on all grounds in the Notice of Appeal unless abandoned