Johnson v. Camden & Islington Community Health Services NHS Trust & Ors [2001] UKEAT 900_01_1012 (10 December 2001)

Johnson v. Camden & Islington Community Health Services NHS Trust & Ors [2001] UKEAT 900_01_1012 (10 December 2001)

There is an arguable case that the Tribunal erred in law by not following established guidance and failing to scrutinise the Respondents' explanations or make necessary factual findings under the Disability Discrimination Act 1995.

Citation
[2001] UKEAT 900_01_1012
Parties
Appellant: Mrs Johnson; Respondents: Camden & Islington Community Health NHS Trust and others
Jurisdiction
United Kingdom
Judgment Date
10 December 2001
Procedural Posture
Employment Appeal / Ex Parte Hearing on Permission to Appeal
Outcome
Permission to appeal granted on specified grounds
Legal Topics
Disability Discrimination Act 1995, Employment Tribunal Procedure, Grounds of Appeal
Employment Law Disability Discrimination Disability Discrimination Act 1995 Employment Tribunal Procedure Grounds of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Johnson

Appellant

Camden & Islington Community Health NHS Trust and others

Respondents

Procedural Posture

Employment Appeal / Ex Parte Hearing on Permission to Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by failing to follow guidance in Morse v Wiltshire County Council
  2. 2 Whether the Tribunal failed to scrutinise the Respondents' explanations under sections 5(2) and 5(4) of the Disability Discrimination Act 1995
  3. 3 Whether the Tribunal failed to find appropriate facts regarding the Respondents' decision-making

Ratio Decidendi

There is an arguable case that the Tribunal erred in law by not following established guidance and failing to scrutinise the Respondents' explanations or make necessary factual findings under the Disability Discrimination Act 1995.

Court Disposition

Permission to appeal granted on specified grounds

Orders

  • Appellant to submit further amended grounds of appeal within 14 days if desired
  • Respondents may object to full hearing of the appeal