Barlow v P Stone (Disability Discrimination : Aiding and abetting) [2012] UKEAT 0049_12_0106 (1 June 2012)

Barlow v P Stone (Disability Discrimination : Aiding and abetting) [2012] UKEAT 0049_12_0106 (1 June 2012)

The Employment Tribunal had jurisdiction to hear a claim of victimisation against a fellow employee under section 57 of the Disability Discrimination Act 1995, and it was not necessary for a claim to be brought against the employer for such liability to arise.

Citation
[2012] UKEAT 0049_12_0106
Parties
Appellant/claimant: Mr David Barlow; Respondent: Mr Paul Stone
Jurisdiction
United Kingdom
Judgment Date
01 June 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Victimisation, Jurisdiction of Employment Tribunal, Liability of Employees Under Discrimination Law, Aiding and Abetting Discrimination
Employment Law Disability Discrimination Victimisation Jurisdiction of Employment Tribunal Liability of Employees Under Discrimination Law Aiding and Abetting Discrimination

Case Brief

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Parties

Mr David Barlow

Appellant/claimant

Mr Paul Stone

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to consider a claim of victimisation against a fellow employee under Part II of the Disability Discrimination Act 1995
  2. 2 Whether a claim must be brought against the employer for liability to attach to a fellow employee under section 57 of the Act

Ratio Decidendi

The Employment Tribunal had jurisdiction to hear a claim of victimisation against a fellow employee under section 57 of the Disability Discrimination Act 1995, and it was not necessary for a claim to be brought against the employer for such liability to arise.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the same Employment Tribunal for further case management and hearing