Land Rover v Short (PRACTICE AND PROCEDURE Bias) [2011] UKEAT 10_049_0610 (06 October 2011)

Land Rover v Short (PRACTICE AND PROCEDURE Bias) [2011] UKEAT 10_049_0610 (06 October 2011)

The Employment Tribunal committed a material procedural irregularity amounting to an error of law by failing to clarify during the hearing whether the 'bumping' issue was within the agreed list of issues, thereby depriving the employer of a fair opportunity to seek an adjournment and present further evidence. The case must be remitted for reconsideration of all issues in light of this judgment.

Citation
[2011] UKEAT 10_049_0610
Parties
Appellant: Land Rover; Respondent: Mr Short
Jurisdiction
United Kingdom
Judgment Date
06 October 2011
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; case remitted for reconsideration
Legal Topics
Disability Discrimination, Reasonable Adjustments, Unfair Dismissal, Procedural Fairness, Collective Agreements
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Procedural Fairness Collective Agreements

Case Brief

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Parties

Land Rover

Appellant

Mr Short

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by failing to clarify if 'bumping' was within the agreed list of issues
  2. 2 Whether the Tribunal's failure to rule on the scope of issues deprived the employer of a fair opportunity to seek adjournment and present further evidence
  3. 3 Whether it was a reasonable adjustment under the Disability Discrimination Act to require 'bumping' of another employee to accommodate the disabled claimant

Ratio Decidendi

The Employment Tribunal committed a material procedural irregularity amounting to an error of law by failing to clarify during the hearing whether the 'bumping' issue was within the agreed list of issues, thereby depriving the employer of a fair opportunity to seek an adjournment and present further evidence. The case must be remitted for reconsideration of all issues in light of this judgment.

Court Disposition

Appeal allowed; case remitted for reconsideration

Orders

  • Case remitted to the same Employment Tribunal, if practicable, for reconsideration of all issues in light of the judgment
  • Counsel to be heard on whether the same or another Tribunal should hear the case