Metrobus Ltd v Cook [2007] UKEAT 0490_06_0901 (9 January 2007)

Metrobus Ltd v Cook [2007] UKEAT 0490_06_0901 (9 January 2007)

The Tribunal's findings of actual breaches of the duty to make reasonable adjustments were independent of its legal error regarding the test applied; the concession of automatic unfair dismissal under section 98A was sufficient and required no further findings under section 98; the 40% uplift in compensation was justified by the Respondent's blatant procedural failures.

Citation
[2007] UKEAT 0490_06_0901
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
09 January 2007
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Reasonable Adjustments, Unfair Dismissal, Statutory Dismissal Procedures, Compensation Uplift
Employment Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Statutory Dismissal Procedures Compensation Uplift

Case Brief

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in applying the wrong legal test for reasonable adjustments under the Disability Discrimination Act 1995
  2. 2 Whether the Tribunal's findings on reasonable adjustments were contaminated by legal error
  3. 3 Whether the Tribunal erred in not making findings on ordinary unfair dismissal under section 98 of the Employment Rights Act 1996

Ratio Decidendi

The Tribunal's findings of actual breaches of the duty to make reasonable adjustments were independent of its legal error regarding the test applied; the concession of automatic unfair dismissal under section 98A was sufficient and required no further findings under section 98; the 40% uplift in compensation was justified by the Respondent's blatant procedural failures.

Court Disposition

Appeal dismissed

Orders

  • Costs of £200 plus VAT for the amendment awarded to the Claimant
  • Permission to appeal refused