Johnson v Awe Plc [2008] UKEAT 0131_08_2706 (27 June 2008)

Johnson v Awe Plc [2008] UKEAT 0131_08_2706 (27 June 2008)

The Employment Tribunal erred in law by applying issue estoppel to strike out the disability discrimination claim, as the issues in the personal injury proceedings did not sufficiently overlap with the reasonable adjustments claim under section 3A(2) of the Disability Discrimination Act 1995.

Citation
[2008] UKEAT 0131_08_2706
Parties
Appellant: Mr Johnson; Respondent: AWE plc
Jurisdiction
United Kingdom
Judgment Date
27 June 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; claim remitted to Employment Tribunal for full hearing before a different judge and two lay members.
Legal Topics
Reasonable Adjustments, Issue Estoppel, Disability Discrimination Act 1995
Employment Law Disability Discrimination Reasonable Adjustments Issue Estoppel Disability Discrimination Act 1995

Case Brief

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Parties

Mr Johnson

Appellant

AWE plc

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether issue estoppel applies to bar a disability discrimination claim following settlement of personal injury claims
  2. 2 Whether the Employment Tribunal erred in law by striking out the claim under section 3A(2) of the Disability Discrimination Act 1995

Ratio Decidendi

The Employment Tribunal erred in law by applying issue estoppel to strike out the disability discrimination claim, as the issues in the personal injury proceedings did not sufficiently overlap with the reasonable adjustments claim under section 3A(2) of the Disability Discrimination Act 1995.

Court Disposition

Appeal allowed; claim remitted to Employment Tribunal for full hearing before a different judge and two lay members.

Orders

  • The appeal is allowed.
  • The disability discrimination claim under section 3A(2) of the Disability Discrimination Act 1995 is remitted to the Employment Tribunal for a full hearing.