Lema v DHL Supply Chain Ltd [2018] UKEAT 0079_18_2808 (28 August 2018)

Lema v DHL Supply Chain Ltd [2018] UKEAT 0079_18_2808 (28 August 2018)

The ET erred by failing to sufficiently explain its consideration of the jointly instructed medical report, which was central to determining whether the Claimant was unwilling or unable to work and to the claims of disability discrimination and unlawful deduction of wages. The matter must be remitted to the same Tribunal for reconsideration in accordance with established legal principles.

Citation
[2018] UKEAT 0079_18_2808
Parties
Appellant: Mr Lema; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
28 August 2018
Procedural Posture
Employment Appeal / Remission After Appeal
Outcome
Appeal allowed; matter remitted to same Tribunal for reconsideration.
Legal Topics
Disability, Unlawful Deduction From Wages, Section 15 Equality Act, Reasonable Adjustments, Harassment
Employment Law Disability Discrimination Disability Unlawful Deduction From Wages Section 15 Equality Act Reasonable Adjustments Harassment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Mr Lema

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Remission After Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal sufficiently considered and explained its treatment of the jointly instructed medical report by Dr Liam Parsonage
  2. 2 Whether the Claimant was unwilling or unable to work due to disability
  3. 3 Whether the ET properly addressed claims of harassment, breach of section 15 Equality Act 2010, breach of reasonable adjustment duty, and unlawful deduction of wages

Ratio Decidendi

The ET erred by failing to sufficiently explain its consideration of the jointly instructed medical report, which was central to determining whether the Claimant was unwilling or unable to work and to the claims of disability discrimination and unlawful deduction of wages. The matter must be remitted to the same Tribunal for reconsideration in accordance with established legal principles.

Court Disposition

Appeal allowed; matter remitted to same Tribunal for reconsideration.

Orders

  • Remit to the original Employment Tribunal to reconsider its findings regarding Dr Parsonage's medical report, particularly paragraphs 65 to 74.
  • Revisit findings in paragraphs 188 and 287 to 298 of the ET Judgment.