Kaler v Insights ESC Ltd (Disability Discrimination) [2020] UKEAT 0051_20_2509 (25 September 2020)

Kaler v Insights ESC Ltd (Disability Discrimination) [2020] UKEAT 0051_20_2509 (25 September 2020)

The Employment Appeal Tribunal held that the new diagnosis of Autism Spectrum Disorder could not have been obtained with reasonable diligence, was relevant, and crossed the low threshold of credibility. The absence of diagnosis was a significant factor in the ET's original finding. Therefore, the disability issue should be remitted for reconsideration with the new evidence.

Citation
[2020] UKEAT 0051_20_2509
Parties
Appellant: Ms K Kaler; Respondent: Respondent (a school)
Jurisdiction
United Kingdom
Judgment Date
25 September 2020
Procedural Posture
Employment Appeal / Appeal From Preliminary Issue Judgment
Outcome
Appeal allowed in part; disability finding set aside; issue remitted for reconsideration.
Legal Topics
Disability Discrimination, Fresh Evidence on Appeal, Definition of Disability Under Equality Act 2010
Employment Law Discrimination Law Disability Discrimination Fresh Evidence on Appeal Definition of Disability Under Equality Act 2010

Case Brief

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Parties

Ms K Kaler

Appellant

Respondent (a school)

Respondent

Procedural Posture

Employment Appeal / Appeal From Preliminary Issue Judgment

Legal Issues

  1. 1 Whether new medical evidence justifies reopening the disability determination
  2. 2 Whether the Employment Tribunal erred in law regarding the definition of disability
  3. 3 Whether social skills deficiencies constitute impairment of normal day-to-day activities

Ratio Decidendi

The Employment Appeal Tribunal held that the new diagnosis of Autism Spectrum Disorder could not have been obtained with reasonable diligence, was relevant, and crossed the low threshold of credibility. The absence of diagnosis was a significant factor in the ET's original finding. Therefore, the disability issue should be remitted for reconsideration with the new evidence.

Court Disposition

Appeal allowed in part; disability finding set aside; issue remitted for reconsideration.

Orders

  • Remitted to the same Employment Tribunal for reconsideration of the disability issue with new evidence, unless undue delay, in which case a differently constituted Tribunal will hear the issue.