Hardwick v. Southampton University Hospitals NHS Trust & Anor [2000] UKEAT 556_00_2310 (23 October 2000)

Hardwick v. Southampton University Hospitals NHS Trust & Anor [2000] UKEAT 556_00_2310 (23 October 2000)

There is an arguable case that the tribunal failed in its duty to make appropriate enquiries of a litigant in person and may have erred in its assessment of disability, warranting a full hearing on these points.

Citation
[2000] UKEAT 556_00_2310
Parties
Appellant: Ms Hardwick; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
23 October 2000
Procedural Posture
Employment Appeal / Preliminary Ex Parte Hearing
Outcome
Partial leave granted for full hearing on procedural perversity and general perversity; leave refused on admission of further evidence.
Legal Topics
Definition of Disability, Procedural Fairness, Admission of Evidence
Employment Law Disability Discrimination Definition of Disability Procedural Fairness Admission of Evidence

Case Brief

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Parties

Ms Hardwick

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Ex Parte Hearing

Legal Issues

  1. 1 Whether the tribunal failed in its duty to make appropriate enquiries of a litigant in person
  2. 2 Whether the tribunal's decision that post viral syndrome/ME/CFS did not amount to a disability was perverse
  3. 3 Whether the tribunal erred in refusing to admit further medical evidence after the close of evidence

Ratio Decidendi

There is an arguable case that the tribunal failed in its duty to make appropriate enquiries of a litigant in person and may have erred in its assessment of disability, warranting a full hearing on these points.

Court Disposition

Partial leave granted for full hearing on procedural perversity and general perversity; leave refused on admission of further evidence.

Orders

  • Chairman to provide notes of Ms Hardwick's evidence and comment on tribunal's conduct regarding paragraphs 12 and 13
  • Ms Hardwick to submit amended Notice of Appeal within 14 days limited to procedural perversity and general perversity