Source: All England Reporter
Publisher Citation: [2008] All ER (D) 91 (Sep)
Court: Employment Appeal Tribunal
Judge:

Bean J
Representation Eric Suter (instructed by KSN Solicitors) for the employee.
  Mathew Purchase (instructed by EEF Legal Services) for the employer.
Judgment Dates: 27 June 2008

Catchwords

Employment - Disability - Discrimination - Complaint of discrimination - Duty to make reasonable adjustments - Employee complaining failure to make adjustments resulting in his early retirement - Employment tribunal finding that it lacked jurisdiction to hear discrimination proceedings - Tribunal finding discrimination proceedings covered by consent order agreed by the parties in relation personal injury proceedings - Whether tribunal erring - .

The Case

Employment Disability. The employee's complaint to the employment tribunal that the employer had failed to comply with its duties to make reasonable adjustments, within the meaning of the allowing him to work until his natural date of retirement would be allowed to proceed to a full hearing. The first instance tribunal had erred in law in finding that it had lacked jurisdiction, pursuant to the doctrine of issue estoppel, as a result personal injury proceedings brought against the employer being settled.

Practice Areas

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