Jenkins v Legoland Windsor Park Ltd [2003] UKEAT 1155_02_1202 (12 February 2003)

Jenkins v Legoland Windsor Park Ltd [2003] UKEAT 1155_02_1202 (12 February 2003)

The Tribunal failed to consider whether the omission of a work-related item in the applicant's model, thereby highlighting his disability, amounted to discrimination. This issue should proceed to a full hearing. The constructive dismissal claim does not warrant further hearing as the Tribunal made sufficient...

Source-derived case information.

Citation
[2003] UKEAT 1155_02_1202
Parties
Appellant: Mr Jenkins; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
12 February 2003
Procedural Posture
Appeal / Preliminary Hearing Ex Parte
Outcome
Permission granted for full hearing on disability discrimination issue; constructive dismissal claim dismissed.
Legal Topics
Disability Discrimination, Constructive Unfair Dismissal
Employment Law Discrimination Law Disability Discrimination Constructive Unfair Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Jenkins

Appellant

Respondents

Respondent

Procedural Posture

Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether the failure to depict the applicant's model in a work environment amounted to disability discrimination
  2. 2 Whether the applicant was constructively unfairly dismissed

Ratio Decidendi

The Tribunal failed to consider whether the omission of a work-related item in the applicant's model, thereby highlighting his disability, amounted to discrimination. This issue should proceed to a full hearing. The constructive dismissal claim does not warrant further hearing as the Tribunal made sufficient findings of fact.

Court Disposition

Permission granted for full hearing on disability discrimination issue; constructive dismissal claim dismissed.

Orders

  • Proceed to full hearing on disability discrimination issue.
  • Constructive dismissal claim not allowed to proceed.