Peninsula Business Services Ltd v. Malik [2010] UKEAT 0340_08_2601 (26 January 2010)

Peninsula Business Services Ltd v. Malik [2010] UKEAT 0340_08_2601 (26 January 2010)

The Employment Tribunal's judgment was set aside due to inadequate reasoning regarding the application of s.4(1) and s.4(2) Disability Discrimination Act 1995 and contract formation; the case was remitted for rehearing by a fresh Tribunal.

Source-derived case information.

Citation
[2010] UKEAT 0340_08_2601
Parties
Claimant: Ms Sabeez Malik; Respondent: Peninsula Business Services Ltd; Respondent's Counsel: Miss Naomi Ling
Jurisdiction
United Kingdom
Judgment Date
26 January 2010
Procedural Posture
Appeal / Judgment on Appeal, Remittal for Rehearing
Outcome
Appeal allowed; original judgment set aside; case remitted for rehearing by fresh Employment Tribunal
Legal Topics
Reasonable Adjustments, Employment Contract Formation, Jurisdictional Objections, Remittal Procedure
Employment Law Disability Discrimination Reasonable Adjustments Employment Contract Formation Jurisdictional Objections Remittal Procedure

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Summary, issues, holding and outcome

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Parties

Ms Sabeez Malik

Claimant

Peninsula Business Services Ltd

Respondent

Miss Naomi Ling

Respondent's Counsel

Procedural Posture

Appeal / Judgment on Appeal, Remittal for Rehearing

Legal Issues

  1. 1 Whether the Employment Tribunal provided adequate reasons for its findings under s.4(1) and s.4(2) Disability Discrimination Act 1995
  2. 2 Whether a concluded contract of employment existed engaging s.4(2) DDA
  3. 3 Whether the Respondent failed to make reasonable adjustments under s.3A(2) DDA

Ratio Decidendi

The Employment Tribunal's judgment was set aside due to inadequate reasoning regarding the application of s.4(1) and s.4(2) Disability Discrimination Act 1995 and contract formation; the case was remitted for rehearing by a fresh Tribunal.

Court Disposition

Appeal allowed; original judgment set aside; case remitted for rehearing by fresh Employment Tribunal

Orders

  • Remitted to Manchester Employment Tribunal for rehearing
  • Respondent barred from raising s.32 Employment Act 2002 point at remitted hearing