Nyathi v Secretary of State for Justice [2018] UKEAT 0229_17_0105 (1 May 2018)

Nyathi v Secretary of State for Justice [2018] UKEAT 0229_17_0105 (1 May 2018)

The Tribunal was not obliged to make any more adjustments than it did for the disabled claimant. The failure to consider making a telephone call to the claimant was an error of law but made no difference to the outcome, as the claims had no reasonable prospect of success and the claimant failed to comply with Tribunal directions.

Citation
[2018] UKEAT 0229_17_0105
Parties
Appellant: Mr Nyathi; Respondent: HM Prison Service
Jurisdiction
United Kingdom
Judgment Date
01 May 2018
Procedural Posture
Employment Appeal / Appeal Against Tribunal's Refusal to Reconsider Strike Out and Striking Out of Claims
Outcome
Appeal dismissed
Legal Topics
Reasonable Adjustments, Disability Discrimination, Unfair Dismissal, Race Discrimination, Practice and Procedure
Employment Law Discrimination Law Reasonable Adjustments Disability Discrimination Unfair Dismissal Race Discrimination Practice and Procedure

Case Brief

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Parties

Mr Nyathi

Appellant

HM Prison Service

Respondent

Procedural Posture

Employment Appeal / Appeal Against Tribunal's Refusal to Reconsider Strike Out and Striking Out of Claims

Legal Issues

  1. 1 Whether the Tribunal failed to make reasonable adjustments for a disabled claimant
  2. 2 Whether the Tribunal erred in not making a telephone call to enquire about the claimant's non-attendance
  3. 3 Whether the errors, if any, affected the outcome

Ratio Decidendi

The Tribunal was not obliged to make any more adjustments than it did for the disabled claimant. The failure to consider making a telephone call to the claimant was an error of law but made no difference to the outcome, as the claims had no reasonable prospect of success and the claimant failed to comply with Tribunal directions.

Court Disposition

Appeal dismissed

Orders

  • No remission to Tribunal
  • Strike out of claims confirmed