Gilliatt v. Devon & Cornwall Constabulary [2000] UKEAT 1389_99_2411 (24 November 2000)

Gilliatt v. Devon & Cornwall Constabulary [2000] UKEAT 1389_99_2411 (24 November 2000)

The Tribunal did not err in law by proceeding in the appellant's absence, by not adjourning for comments on documents, or by not addressing every factual conflict, as there was overwhelming evidence supporting the employer's reason for dismissal and no procedural unfairness requiring intervention.

Citation
[2000] UKEAT 1389_99_2411
Parties
Appellant: Mr Gilliatt; Respondent: Devon & Cornwall Constabulary
Jurisdiction
United Kingdom
Judgment Date
24 November 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Procedural Fairness
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Procedural Fairness

Case Brief

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Parties

Mr Gilliatt

Appellant

Devon & Cornwall Constabulary

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in dismissing the claim of disability discrimination under the Disability Discrimination Act
  2. 2 Whether the Tribunal erred in not adjourning to allow the appellant to comment on documents produced by the employer at the hearing
  3. 3 Whether the Tribunal failed to address conflicts of fact regarding the quality of the appellant's work and the reasons for dismissal

Ratio Decidendi

The Tribunal did not err in law by proceeding in the appellant's absence, by not adjourning for comments on documents, or by not addressing every factual conflict, as there was overwhelming evidence supporting the employer's reason for dismissal and no procedural unfairness requiring intervention.

Court Disposition

Appeal dismissed