Hoyer (UK) Ltd v. Capaldi [2001] UKEAT 1154_01_1910 (19 October 2001)

Hoyer (UK) Ltd v. Capaldi [2001] UKEAT 1154_01_1910 (19 October 2001)

It is reasonably arguable that the Employment Tribunal erred in law by refusing to consider the justification defence and by failing to make proper findings of fact regarding unfair dismissal; both grounds of appeal must proceed to a full hearing.

Source-derived case information.

Citation
[2001] UKEAT 1154_01_1910
Parties
Appellant: Hoyer (UK) Ltd; Respondent: Steven Capaldi
Jurisdiction
United Kingdom
Judgment Date
19 October 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal to proceed to full hearing
Legal Topics
Disability Discrimination, Unfair Dismissal, Justification Defence
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Justification Defence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hoyer (UK) Ltd

Appellant

Steven Capaldi

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by refusing to consider the defence of justification in a disability discrimination claim.
  2. 2 Whether the Employment Tribunal failed to make proper findings of fact regarding the reason for dismissal and the fairness of the dismissal.

Ratio Decidendi

It is reasonably arguable that the Employment Tribunal erred in law by refusing to consider the justification defence and by failing to make proper findings of fact regarding unfair dismissal; both grounds of appeal must proceed to a full hearing.

Court Disposition

Appeal to proceed to full hearing

Orders

  • Both grounds of appeal to proceed to a full hearing.