A Blitz v. Equant Integration Services Ltd (t/a Orange Business Services) [2007] UKEAT 0259_07_0211 (2 November 2007)

A Blitz v. Equant Integration Services Ltd (t/a Orange Business Services) [2007] UKEAT 0259_07_0211 (2 November 2007)

The Tribunal applied incorrect legal tests for disability related discrimination and failed to properly consider detriment and justification. The bonus claim was not pleaded, was out of time, and should not have been permitted. Three claims are remitted for fresh consideration of unresolved issues, primarily detriment and justification.

Citation
[2007] UKEAT 0259_07_0211
Parties
Appellant: Mr A Blitz; Respondent: Equant Integration Services Ltd t/a Orange Business Services
Jurisdiction
United Kingdom
Judgment Date
02 November 2007
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part; cross-appeal allowed; three claims remitted for reconsideration; bonus claim dismissed.
Legal Topics
Disability Discrimination, Harassment, Reasonable Adjustments, Constructive Dismissal, Victimisation, Religious Discrimination, Trade Union Detriment, Annual Leave Accrual
Employment Law Discrimination Law Disability Discrimination Harassment Reasonable Adjustments Constructive Dismissal Victimisation Religious Discrimination +2 more

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Parties

Mr A Blitz

Appellant

Equant Integration Services Ltd t/a Orange Business Services

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Tribunal applied the correct legal tests for disability related discrimination
  2. 2 Whether the bonus claim was properly pleaded and within time
  3. 3 Whether the Respondent's actions constituted harassment under the Disability Discrimination Act 1995

Ratio Decidendi

The Tribunal applied incorrect legal tests for disability related discrimination and failed to properly consider detriment and justification. The bonus claim was not pleaded, was out of time, and should not have been permitted. Three claims are remitted for fresh consideration of unresolved issues, primarily detriment and justification.

Court Disposition

Appeal allowed in part; cross-appeal allowed; three claims remitted for reconsideration; bonus claim dismissed.

Orders

  • Three disability related discrimination claims remitted to the same Tribunal for fresh consideration of detriment and justification.
  • Bonus claim dismissed as not pleaded and out of time.