South Yorkshire Pensions Authority v Burns [2005] UKEAT 0004_05_2604 (26 April 2005)

South Yorkshire Pensions Authority v Burns [2005] UKEAT 0004_05_2604 (26 April 2005)

The Employment Tribunal erred in law by inferring disability discrimination from the employer's failure to clarify the application form during the respondent's visit, as this would have resulted in preferential treatment not available to other candidates.

Citation
[2005] UKEAT 0004_05_2604
Parties
Appellant: South Yorkshire Pensions Authority; Respondent: Mr A R Burns
Jurisdiction
United Kingdom
Judgment Date
26 April 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; case remitted to a fresh Employment Tribunal for rehearing.
Legal Topics
Disability Discrimination, Shortlisting Procedures, Employment Tribunal Procedure
Employment Law Disability Discrimination Shortlisting Procedures Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

South Yorkshire Pensions Authority

Appellant

Mr A R Burns

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in inferring disability discrimination based on the employer's failure to clarify the application form during a post-shortlisting meeting
  2. 2 Whether the Tribunal erred by not referring to a previous Employment Tribunal decision involving the respondent

Ratio Decidendi

The Employment Tribunal erred in law by inferring disability discrimination from the employer's failure to clarify the application form during the respondent's visit, as this would have resulted in preferential treatment not available to other candidates.

Court Disposition

Appeal allowed; case remitted to a fresh Employment Tribunal for rehearing.

Orders

  • The appeal is allowed in respect of paragraph 6.2 of the Notice of Appeal.
  • The case is remitted to a fresh Employment Tribunal for rehearing.