Olaleye v Liberata UK & Ors (Practice and Procedure : Application/Claim) [2013] UKEAT 0445_13_2910 (29 October 2013)

The claimant is entitled to lead evidence at a hearing to show that she suffered stress, anxiety, and insomnia as a result of the underlying physical condition of stress incontinence, and the appeal is allowed to that extent.

Citation: [2013] UKEAT 0445_13_2910
Parties: Appellant: V Olaleye; Respondent: E W Williams
Jurisdiction: United Kingdom
Judgment Date: 29 October 2013
Procedural Posture: Appeal Against Refusal to Review Decision (employment Tribunal) / Appeal Judgment
Outcome: Appeal allowed
Legal Topics: Amendment of Claim, Definition of Disability, Mental Consequences of Physical Disability

Employment Law Disability Discrimination Amendment of Claim Definition of Disability Mental Consequences of Physical Disability

Case Brief

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Parties

V Olaleye

Appellant

E W Williams

Respondent

Procedural Posture

Appeal Against Refusal to Review Decision (employment Tribunal) / Appeal Judgment

Legal Issues

1 Whether the claimant's ET1 forms included claims of stress, anxiety, and insomnia as disabilities
2 Whether the refusal to allow amendment to include stress and anxiety was perverse
3 Whether the claimant can lead evidence of mental consequences arising from physical disability

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Case remitted to Employment Tribunal for a Pre-Hearing Review on all claims, including stress and anxiety resulting from stress incontinence