Source: All England Reporter
Publisher Citation: [2002] All ER (D) 97 (Sep)
Court: Employment Appeal Tribunal

Lindsay J, Miss Holroyd and Mr Springer

Judgment Dates: 5 September 2002


Employment - Discrimination - Disability - Less favourable treatment - Complainant refused job on medical grounds - Medical officer's recommendation made prior to obtaining all medical evidence which could be sought - Tribunal failing to consider effect of medical evidence obtained after recommendation - Whether tribunal erred in law.

The Case

In a disability discrimination case, an employment tribunal erred in law in failing to make findings of fact on the impact of medical evidence, which had been heard in the tribunal but was not obtained before the decision to refuse an employment application.

Practice Areas

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