Morgan Stanley International v. Posavec (Disability Discrimination : Disability) [2014] UKEAT 0209_13_0209 (2 September 2014)

Morgan Stanley International v. Posavec (Disability Discrimination : Disability) [2014] UKEAT 0209_13_0209 (2 September 2014)

The Employment Judge failed to adequately identify the impairment(s) constituting the Claimant's disability and did not provide sufficient findings or reasons to support the conclusion that the statutory definition of disability was met; therefore, the decision cannot stand and must be remitted for reconsideration.

Source-derived case information.

Citation
[2014] UKEAT 0209_13_0209
Parties
Appellant: Morgan Stanley International Inc; Respondent: Ms Posavec
Jurisdiction
United Kingdom
Judgment Date
02 September 2014
Procedural Posture
Employment Appeal Tribunal / Appeal From Preliminary Hearing Decision on Disability Status and Strike Out Application
Outcome
Appeal allowed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Appellate Procedure, Burden of Proof
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Appellate Procedure Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Morgan Stanley International Inc

Appellant

Ms Posavec

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Preliminary Hearing Decision on Disability Status and Strike Out Application

Legal Issues

  1. 1 Whether the Employment Judge adequately identified the physical impairment constituting disability under the Equality Act 2010
  2. 2 Whether the Employment Judge made sufficient findings on the statutory elements of disability
  3. 3 Whether the Employment Judge provided adequate reasons and findings of fact to support the conclusion of disability

Ratio Decidendi

The Employment Judge failed to adequately identify the impairment(s) constituting the Claimant's disability and did not provide sufficient findings or reasons to support the conclusion that the statutory definition of disability was met; therefore, the decision cannot stand and must be remitted for reconsideration.

Court Disposition

Appeal allowed

Orders

  • Decision that Claimant was disabled set aside
  • Disability issue remitted to a freshly constituted Employment Tribunal for reconsideration