Solloway v. HPC Engineering Plc [2001] UKEAT 1192_99_2304 (23 April 2001)

Solloway v. HPC Engineering Plc [2001] UKEAT 1192_99_2304 (23 April 2001)

The appeal fails because the claim based on paragraph 4.62 of the Code was not pleaded or argued before the Employment Tribunal, and the Tribunal's findings of fact were supported by the evidence. Paragraph 4.62 of the Code is not relevant to the applicant's pleaded claim under Section 5(1) DDA.

Citation
[2001] UKEAT 1192_99_2304
Parties
Appellant: Mrs Solloway; Respondent: HPC Engineering Plc
Jurisdiction
United Kingdom
Judgment Date
23 April 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination Act 1995, Unfair Dismissal, Redundancy, Reasonable Adjustments, Employment Tribunal Procedure
Employment Law Disability Discrimination Disability Discrimination Act 1995 Unfair Dismissal Redundancy Reasonable Adjustments Employment Tribunal Procedure

Case Brief

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Parties

Mrs Solloway

Appellant

HPC Engineering Plc

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing the applicant's complaint under the Disability Discrimination Act 1995
  2. 2 Whether the Tribunal failed to have regard to paragraph 4.62 of the Code of Practice regarding knowledge of disability
  3. 3 Whether findings of fact by the Tribunal were contrary to the evidence

Ratio Decidendi

The appeal fails because the claim based on paragraph 4.62 of the Code was not pleaded or argued before the Employment Tribunal, and the Tribunal's findings of fact were supported by the evidence. Paragraph 4.62 of the Code is not relevant to the applicant's pleaded claim under Section 5(1) DDA.

Court Disposition

Appeal dismissed