Russell v Fox Print Services LLP & Anor (Disability Discrimination : Disability) [2012] UKEAT 0544_12_1912 (19 December 2012)

Russell v Fox Print Services LLP & Anor (Disability Discrimination : Disability) [2012] UKEAT 0544_12_1912 (19 December 2012)

The Employment Tribunal's finding that the appellant was not disabled as at the date of dismissal was open to it on the evidence, including the appellant's own statements and medical evidence. However, the deposit order was quashed because the Tribunal failed to provide adequate reasoning as required by Meek.

Citation
[2012] UKEAT 0544_12_1912
Parties
Appellant: MS Russell; Respondent: Fox Print
Jurisdiction
United Kingdom
Judgment Date
19 December 2012
Procedural Posture
Employment Appeal / Appeal From Pre Hearing Review Judgment
Outcome
Appeal dismissed in respect of disability discrimination; appeal allowed in respect of deposit order.
Legal Topics
Disability Discrimination, Unfair Dismissal, Deposit Order, Reasoning Requirements, Section 6 Equality Act 2010, Section 57(1)(a) Employment Rights Act 1996
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Deposit Order Reasoning Requirements Section 6 Equality Act 2010 Section 57(1)(a) Employment Rights Act 1996

Case Brief

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Parties

MS Russell

Appellant

Fox Print

Respondent

Procedural Posture

Employment Appeal / Appeal From Pre Hearing Review Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding the appellant was not disabled within the meaning of section 6 Equality Act 2010 as at the date of dismissal
  2. 2 Whether the Employment Tribunal provided adequate reasons for its findings, particularly in relation to medical evidence
  3. 3 Whether the deposit order for the unfair dismissal claim was properly reasoned and justified

Ratio Decidendi

The Employment Tribunal's finding that the appellant was not disabled as at the date of dismissal was open to it on the evidence, including the appellant's own statements and medical evidence. However, the deposit order was quashed because the Tribunal failed to provide adequate reasoning as required by Meek.

Court Disposition

Appeal dismissed in respect of disability discrimination; appeal allowed in respect of deposit order.

Orders

  • Claims of disability discrimination remain dismissed.
  • Deposit order of £200 is quashed.