Pulman v Merthyr Tydfil College Ltd (Disability Discrimination: Disability related discrimination) [2017] UKEAT 0309_16_2804 (28 April 2017)

Pulman v Merthyr Tydfil College Ltd (Disability Discrimination: Disability related discrimination) [2017] UKEAT 0309_16_2804 (28 April 2017)

The tribunal erred in its legal reasoning regarding the application of the PCP test and failed to give adequate reasons for rejecting certain reasonable adjustments, but it was not clear if these errors were fatal to the decision. The appeal was stayed and the matter remitted to the tribunal for further and better reasons before determining the remaining grounds.

Citation
[2017] UKEAT 0309_16_2804
Parties
Appellant: R Pulman; Respondent: Merthyr Tydfil College Ltd
Jurisdiction
United Kingdom
Judgment Date
28 April 2017
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal, Remitted for Further Reasons Under Burns/barke Procedure
Outcome
Appeal stayed and remitted to the Employment Tribunal for further reasons under the Burns/Barke procedure.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Unfair Dismissal, Justification Defence, Procedural Fairness
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Justification Defence Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

R Pulman

Appellant

Merthyr Tydfil College Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal, Remitted for Further Reasons Under Burns/barke Procedure

Legal Issues

  1. 1 Whether the dismissal of the claimant was fair under section 98 of the Employment Rights Act 1996
  2. 2 Whether the respondent failed to make reasonable adjustments under sections 20-21 of the Equality Act 2010
  3. 3 Whether the dismissal constituted discrimination arising from disability under section 15 of the Equality Act 2010

Ratio Decidendi

The tribunal erred in its legal reasoning regarding the application of the PCP test and failed to give adequate reasons for rejecting certain reasonable adjustments, but it was not clear if these errors were fatal to the decision. The appeal was stayed and the matter remitted to the tribunal for further and better reasons before determining the remaining grounds.

Court Disposition

Appeal stayed and remitted to the Employment Tribunal for further reasons under the Burns/Barke procedure.

Orders

  • Stay of appeal pending further reasons from the Employment Tribunal on specified issues.
  • Remittal to the Employment Tribunal to clarify, supplement, or give reasons for findings on mediation, meetings, and reasonable adjustments.