Telephone Hearing v. Chamberlain [2003] UKEAT 0404_03_1911 (19 November 2003)

Telephone Hearing v. Chamberlain [2003] UKEAT 0404_03_1911 (19 November 2003)

The Chairman correctly struck out the claim for reasonable adjustments as the facts and legal reasoning were on all fours with Bruce v Cavalier and Thompsons Solicitors, and the application of precedent was binding; the victimisation claim should proceed to a full hearing as section 55 is a free-standing cause of action.

Citation
[2003] UKEAT 0404_03_1911
Parties
Appellant: VMS Bruce; Respondent: Addleshaws
Jurisdiction
United Kingdom
Judgment Date
19 November 2003
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed in part, allowed in part
Legal Topics
Reasonable Adjustments, Victimisation, Strike Out Powers, Vexatious Litigant
Employment Law Disability Discrimination Reasonable Adjustments Victimisation Strike Out Powers Vexatious Litigant

Case Brief

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Parties

VMS Bruce

Appellant

Addleshaws

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Chairman erred in striking out claims for reasonable adjustments under the Disability Discrimination Act 1995
  2. 2 Whether the Chairman erred in striking out the victimisation claim
  3. 3 Whether sufficient reasons were given for the strike-out decision

Ratio Decidendi

The Chairman correctly struck out the claim for reasonable adjustments as the facts and legal reasoning were on all fours with Bruce v Cavalier and Thompsons Solicitors, and the application of precedent was binding; the victimisation claim should proceed to a full hearing as section 55 is a free-standing cause of action.

Court Disposition

appeal dismissed in part, allowed in part

Orders

  • Appeal against strike-out of reasonable adjustments claim dismissed.
  • Appeal against strike-out of victimisation claim allowed to proceed to full hearing.