Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In today’s article we’re going to look at the Employment Appeal Tribunal’s judgment in F v Cleveland Policy Authority.

The facts in F v Cleveland Police Authority

The Claimant was employed by Cleveland Police Authority in February 2004 as a civilian worker. She was dismissed in February 2010 on allegations of misconduct.

She subsequently made a claim to the Employment Tribunal on the grounds of unfair dismissal, direct disability discrimination, failure to make reasonable adjustment, and victimisation. A Pre-Hearing Review (“PHR”) was subsequently held before a full Employment Tribunal panel. The Employment Tribunal dismissed the Claimant’s claims relating to disability discrimination on the basis that she had not provided sufficient medical evidence to the Tribunal (she had not provided medical notes as requested) and that the Tribunal doubted her credibility as a witness.

The Claimant appealed the decision of the Employment Tribunal and sought to adduce new evidence of her disability at the appeal.

The law

The law relating to proving disability discrimination

Under the Equality Act 2010 (and under the previous Disability Discrimination Act 1995, under which F v Cleveland Police Authority was pleaded) the Claimant must prove on the balance of probabilities that he or she is disabled, and is therefore entitled to claim under the various disability discrimination provisions (such as direct disability discrimination, indirect disability discrimination, failure to make reasonable adjustments etc.).

To prove on the balance of probabilities that they’re disabled, the Claimant must therefore show that:

  • he or she is mentally or physically impaired
  • their employer knew of their disability or that their disability is likely to be an advantage
  • the impairment affects the worker’s participation in professional life on a daily or frequent basis
  • the effect of the disability is substantial (more than trivial or that the worker has been medically advised not to carry out the work);
  • they could have carried out the work but for the impairment; and
  • the disability is long term (more than 12 months in duration or for the rest of the worker’s life)

The law relating to seeking to present new evidence at the appeal stage

Claimants can seek to adduce new evidence at the Employment Tribunal under the principle in Ladd v Marshall. This principles states that new evidence is adducible if:

  1. The evidence in question could not have been obtained with reasonable diligence on the behalf of the Claimant for use at an Employment Tribunal hearing; and
  2. The evidence is relevant and would have an important influence on the outcome of the hearing; and
  3. The evidence is credible

The Employment Appeal Tribunal’s judgment

The Employment Appeal Tribunal allowed the Claimant’s appeal under Ladd v Marshall principles (explained below). Although the Employment Appeal Tribunal noted the findings of the Employment Tribunal relating to the credibility of the Claimant, it considered the appeal well-founded. It found that:

  1. The Claimant was prevented from obtaining the necessary evidence because of the fault of her GP surgery and had been reasonably diligent in trying to obtain the information; and
  2. The evidence relating to her medical notes was relevant to determining whether the Claimant was disabled for the purpose of the Disability Discrimination Act 1995; and
  3. The medical notes were credible evidence

The case was therefore remitted to the Employment Tribunal.

Practical tips

  1. Make sure that you’ve got all evidence prepared for the Employment Tribunal
  2. If you can’t get all the necessary evidence, attempt to get the Hearing postponed – giving good reasons
  3. If you can’t get the Hearing postponed, make it clear to the Employment Tribunal that you’ve made reasonable attempts to get hold of the necessary evidence, that the evidence is important, and that the evidence is relevant

About Chris Hadrill

Chris is a specialist employment lawyer at Redmans. He specialises in contentious and non-contentious employment matters, including breach of contract claims, compromise agreements and Employment Tribunal cases. He writes on employment law matters on a variety of websites, including Direct 2 Lawyers, Lawontheweb.co.uk, LegalVoice, the Justice Gap and his own blog.

Contact Chris by emailing him at chadrill@redmans.co.uk

Share →

Leave a Reply

Your email address will not be published. Required fields are marked *

 

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.52 Average

21 Reviews

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 3 weeks ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 3 weeks ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 4 weeks ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 4 weeks ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 1 month ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 1 month ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 1 month ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 1 month ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 1 month ago

Anonymous

Excellent work delivered with great quality

Posted 1 month ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 1 month ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 1 month ago

Anonymous

Resolved my issues

Posted 1 month ago

Keith

Quick fast professional service.

Posted 1 month ago

Michael

"Prompt, efficient and practical advice that resulted in me getting some additional money tax free."

Posted 1 month ago

Anonymous

Patient and thorough advice given to me around my Settlement Agreement

Posted 2 months ago

Anonymous

"Excellent service, getting back to you promptly giving you very good advice."

Posted 2 months ago

Anonymous

I found Chris Hadrill to be an excellent help, he is very knowledgeable and gives good ,concise ,strategic advice .He makes himself readily accessible when you need him.I would personally highly recommend him.

Posted 2 months ago

Christine

Professional, efficient and reliable service provided. I strongly recommend them and I would use this service again.

Posted 2 months ago