Carden v. Pickerings Europe Ltd [2005] UKEAT 0081_04_2504 (25 April 2005)

Carden v. Pickerings Europe Ltd [2005] UKEAT 0081_04_2504 (25 April 2005)

The Tribunal erred in law by failing to address whether the pins and plate amounted to continuing measures under Schedule 1 paragraph 6 of the DDA 1995. The matter should be remitted for reconsideration, with the opportunity for both parties to adduce further medical evidence.

Citation
[2005] UKEAT 0081_04_2504
Parties
Appellant: Patrick Carden; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
25 April 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; case remitted to same Tribunal for reconsideration with further medical evidence permitted.
Legal Topics
Disability Discrimination Act 1995, Deduced Effect, Continuing Measures, Prosthesis, Medical Treatment
Employment Law Disability Discrimination Disability Discrimination Act 1995 Deduced Effect Continuing Measures Prosthesis Medical Treatment

Case Brief

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Parties

Patrick Carden

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the applicant is disabled under the 'deduced effect' provision of Schedule 1 paragraph 6 of the Disability Discrimination Act 1995
  2. 2 Whether the insertion of pins and plate in the applicant's ankle constitutes continuing measures, prosthesis, or medical treatment under the Act

Ratio Decidendi

The Tribunal erred in law by failing to address whether the pins and plate amounted to continuing measures under Schedule 1 paragraph 6 of the DDA 1995. The matter should be remitted for reconsideration, with the opportunity for both parties to adduce further medical evidence.

Court Disposition

Appeal allowed in part; case remitted to same Tribunal for reconsideration with further medical evidence permitted.

Orders

  • Remit to the same Employment Tribunal for reconsideration of whether the pins and plate amount to continuing measures under Schedule 1 paragraph 6 of the DDA 1995.
  • Both parties permitted to adduce further medical evidence.