Condappa v. Newham Healthcare NHS Trust [2000] UKEAT 452_00_2310 (23 October 2000)

Condappa v. Newham Healthcare NHS Trust [2000] UKEAT 452_00_2310 (23 October 2000)

The tribunal arguably erred in law by only considering disability at the date of hearing and not at earlier relevant dates; this warrants a full hearing.

Source-derived case information.

Citation
[2000] UKEAT 452_00_2310
Parties
Appellant: Mrs Condappa; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
23 October 2000
Procedural Posture
Employment Appeal / Preliminary Ex Parte Hearing
Outcome
Leave granted for full hearing of appeal.
Legal Topics
Definition of Disability, Constructive Unfair Dismissal, Breach of Contract
Employment Law Disability Discrimination Definition of Disability Constructive Unfair Dismissal Breach of Contract

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs Condappa

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Ex Parte Hearing

Legal Issues

  1. 1 Whether the appellant was disabled within the meaning of the Disability Discrimination Act 1995 at relevant times
  2. 2 Whether the appellant was constructively unfairly dismissed
  3. 3 Whether the respondents breached the appellant's contract of employment

Ratio Decidendi

The tribunal arguably erred in law by only considering disability at the date of hearing and not at earlier relevant dates; this warrants a full hearing.

Court Disposition

Leave granted for full hearing of appeal.

Orders

  • Matter to proceed to full hearing without restriction on grounds.
  • Chairman's Notes of Evidence from Drs Murphy and Podmore to be available at full hearing.