Neary v. Service Children's Education & Ors [2010] UKEAT 0101_10_1706 (17 June 2010)
On the facts found, the claimant was not ordinarily resident in Great Britain at the time of his application or rejection for the post, but was ordinarily resident in Germany, so the Tribunal had no jurisdiction to hear his discrimination claims under the relevant legislation.
- Citation
- [2010] UKEAT 0101_10_1706
- Parties
- Appellant/claimant: Anthony Neary; Respondent: Unknown (Respondents)
- Jurisdiction
- United Kingdom
- Judgment Date
- 17 June 2010
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal Decision on Jurisdiction
- Outcome
- Appeal dismissed
- Legal Topics
- Disability Discrimination, Age Discrimination, Jurisdiction, Ordinary Residence
Case Brief
Summary, issues, holding and outcome
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Parties
Anthony Neary
Appellant/claimant
Unknown (Respondents)
Respondent
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision on Jurisdiction
Legal Issues
- 1 Whether the claimant was 'ordinarily resident in Great Britain' at the relevant time for the purposes of section 68(2A)(c) Disability Discrimination Act 1995 and regulation 10(2)(c) Employment Equality (Age) Regulations 2006, so as to found jurisdiction for his discrimination claims.
Ratio Decidendi
On the facts found, the claimant was not ordinarily resident in Great Britain at the time of his application or rejection for the post, but was ordinarily resident in Germany, so the Tribunal had no jurisdiction to hear his discrimination claims under the relevant legislation.
Court Disposition
Appeal dismissed
Orders
- Employment Tribunal's decision upheld; claim dismissed for lack of jurisdiction.
Full Case Text
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