Pottage v. Stonham Housing Association Ltd [2000] UKEAT 935_99_0604 (6 April 2000)

Pottage v. Stonham Housing Association Ltd [2000] UKEAT 935_99_0604 (6 April 2000)

The Tribunal's reasons were insufficient as they failed to adequately explain the reasoning process, particularly regarding the statutory requirement to consider the applicant's condition without the effect of medication. The decision was set aside and the matter remitted for reconsideration.

Citation
[2000] UKEAT 935_99_0604
Parties
Appellant: Heather Pottage; Respondent: Stonham Housing Association Ltd
Jurisdiction
United Kingdom
Judgment Date
06 April 2000
Procedural Posture
Employment Appeal / Appeal From Preliminary Issue Decision of Employment Tribunal
Outcome
Appeal allowed by majority; Employment Tribunal decision set aside; issue remitted for reconsideration.
Legal Topics
Disability Definition Under Disability Discrimination Act 1995, Adequacy of Tribunal Reasons, Burden of Proof in Discrimination Cases
Employment Law Disability Discrimination Disability Definition Under Disability Discrimination Act 1995 Adequacy of Tribunal Reasons Burden of Proof in Discrimination Cases

Case Brief

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Parties

Heather Pottage

Appellant

Stonham Housing Association Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Preliminary Issue Decision of Employment Tribunal

Legal Issues

  1. 1 Whether the applicant's depressive illness constituted a disability under section 1 of the Disability Discrimination Act 1995
  2. 2 Whether the Employment Tribunal provided adequate reasons for its decision

Ratio Decidendi

The Tribunal's reasons were insufficient as they failed to adequately explain the reasoning process, particularly regarding the statutory requirement to consider the applicant's condition without the effect of medication. The decision was set aside and the matter remitted for reconsideration.

Court Disposition

Appeal allowed by majority; Employment Tribunal decision set aside; issue remitted for reconsideration.

Orders

  • The decision of the Employment Tribunal is set aside.
  • The issue of whether the applicant was suffering from a disability within the meaning of section 1 of the Disability Discrimination Act 1995 is remitted to the Tribunal for reconsideration.