Royal Mail Group Ltd v Hunkin [2009] UKEAT 0507_08_2707 (27 July 2009)

Royal Mail Group Ltd v Hunkin [2009] UKEAT 0507_08_2707 (27 July 2009)

The Employment Tribunal's decision was not Meek compliant as it failed to provide clear reasons for its findings of disability discrimination and unfair dismissal, making it impossible for the Respondent to understand why it lost. The case must be remitted for a fresh hearing before a differently constituted tribunal.

Citation
[2009] UKEAT 0507_08_2707
Parties
Appellant: Royal Mail Group Ltd; Respondent: Mr Hunkin
Jurisdiction
United Kingdom
Judgment Date
27 July 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Judgment set aside; case remitted for rehearing before a differently constituted tribunal.
Legal Topics
Reasonable Adjustments, Unfair Dismissal, Disability Discrimination Act 1995, Employment Rights Act 1996, Attendance Procedures
Employment Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Disability Discrimination Act 1995 Employment Rights Act 1996 Attendance Procedures

Case Brief

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Parties

Royal Mail Group Ltd

Appellant

Mr Hunkin

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the employer failed to make reasonable adjustments for a disabled employee
  2. 2 Whether the dismissal was unfair due to failure to investigate disability-related absences
  3. 3 Whether the Employment Tribunal's decision was Meek compliant

Ratio Decidendi

The Employment Tribunal's decision was not Meek compliant as it failed to provide clear reasons for its findings of disability discrimination and unfair dismissal, making it impossible for the Respondent to understand why it lost. The case must be remitted for a fresh hearing before a differently constituted tribunal.

Court Disposition

Judgment set aside; case remitted for rehearing before a differently constituted tribunal.

Orders

  • The Employment Tribunal's decision is set aside.
  • The case is remitted for a fresh hearing before a differently constituted tribunal.