Davies v. Northamptonshire Probation Service & Ors [2001] UKEAT 235_00_2303 (23 March 2001)

Davies v. Northamptonshire Probation Service & Ors [2001] UKEAT 235_00_2303 (23 March 2001)

The appellant's claims failed on the facts, with the Tribunal preferring the respondents' evidence and finding no detriment or discrimination. No arguable error of law was identified at this stage; the appeal was not advanced beyond factual disagreement.

Citation
[2001] UKEAT 235_00_2303
Parties
Appellant: Mr B Davies; Respondent: Northamptonshire Probation Service; Respondent: Mr Edward Lambert; Respondent: Mr Rashid Ghumra
Jurisdiction
United Kingdom
Judgment Date
23 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing (adjourned)
Outcome
Adjourned for further Preliminary Hearing
Legal Topics
Disability Discrimination, Health and Safety at Work, Trade Union Representation, Employment Tribunal Procedure
Employment Law Disability Discrimination Health and Safety at Work Trade Union Representation Employment Tribunal Procedure

Case Brief

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Parties

Mr B Davies

Appellant

Northamptonshire Probation Service

Respondent

Mr Edward Lambert

Respondent

Mr Rashid Ghumra

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing (adjourned)

Legal Issues

  1. 1 Whether the appellant was subjected to disability discrimination under the Disability Discrimination Act
  2. 2 Whether the appellant suffered detriment under Section 44 (Health and Safety) or Section 47 (Trade Union Representation) of the Employment Rights Act 1996
  3. 3 Whether the Employment Tribunal erred in law in its assessment of the facts and evidence

Ratio Decidendi

The appellant's claims failed on the facts, with the Tribunal preferring the respondents' evidence and finding no detriment or discrimination. No arguable error of law was identified at this stage; the appeal was not advanced beyond factual disagreement.

Court Disposition

Adjourned for further Preliminary Hearing

Orders

  • Matter adjourned generally to be restored as a Preliminary Hearing after the President's reading day.
  • Appellant and adviser directed to further concentrate and reduce grounds of appeal.