AB v Home Office (Practice and Procedure : Review) [2014] UKEAT 0363_13_2908 (29 August 2014)

AB v Home Office (Practice and Procedure : Review) [2014] UKEAT 0363_13_2908 (29 August 2014)

The Employment Tribunal did not overlook the issue of the six-month written warning; it was addressed as part of the disciplinary process, and the ET's judgment disposed of all complaints of disability discrimination except those specifically upheld. The Employment Judge was entitled to refuse a review as there was no reasonable prospect of the decision being varied or revoked, and the application was, in substance, a request for fuller reasons rather than a true review ground.

Citation
[2014] UKEAT 0363_13_2908
Parties
Appellant/claimant: AB; Respondent: Home Office
Jurisdiction
United Kingdom
Judgment Date
29 August 2014
Procedural Posture
Employment Appeal / Appeal Against Refusal to Review Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Employment Tribunal Procedure, Review of Judgment
Employment Law Disability Discrimination Unfair Dismissal Employment Tribunal Procedure Review of Judgment

Case Brief

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Parties

AB

Appellant/claimant

Home Office

Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Review Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal overlooked the issue of the six-month written warning in its judgment
  2. 2 Whether the Employment Judge erred in law in refusing to grant a review of the judgment

Ratio Decidendi

The Employment Tribunal did not overlook the issue of the six-month written warning; it was addressed as part of the disciplinary process, and the ET's judgment disposed of all complaints of disability discrimination except those specifically upheld. The Employment Judge was entitled to refuse a review as there was no reasonable prospect of the decision being varied or revoked, and the application was, in substance, a request for fuller reasons rather than a true review ground.

Court Disposition

Appeal dismissed