United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MR I SCOTT (Of Counsel) Instructed by Messrs Charles Russell Solicitors 8-10 New Fetter Lane London EC4A 1RS
For the Respondent	MR C BAYLISS (Of Counsel) Instructed by Messrs Reeves & Co Solicitors 27b The Mansions 252 Old Brompton Road London SW5 9HW


 


JUDGE PETER CLARK

1. In this appeal which came before us today the Respondent before the Exeter Employment Tribunal chaired by Mr A D Puttick, the Royal College of Nursing appeals against both the Tribunal's finding of constructive unfair dismissal and breach of the duty to make reasonable adjustments under sections 5 and 6 of the Disability Discrimination Act 1995 (DDA).
2. It has emerged during the course of the hearing that there are 3 specific matters on which this Appeal Tribunal requires the assistance of the chairman, from his notes of evidence and submissions heard by the Tribunal during the 3 day hearing in March 2000, in order to resolve the appeal so far as disability discrimination is concerned. They are as follows and we put them in the form of questions to the learned chairman:

(1) Was the defence of justification pursuant to section 5(4) DDA raised during the proceedings on behalf of the Respondents below and in particular in closing submissions?

(2) In respect of paragraph 33 of the Tribunal's reasons, was the case put on behalf of the Applicant that the alleged delay in implementing the harassment and/or grievance policy was a failure to make a reasonable adjustment under section 6(3) DDA?

In respect of both those first 2 questions if the answer is 'Yes', setting out extracts from his notes of evidence/submissions dealing with each point respectively.

(3) In respect of paragraph 34(ii) of the Tribunal's reasons, what evidence if any was before the Employment Tribunal that a position (vacancy) was available for the Applicant in the Winchester office? If any, providing the relevant extract(s) from the chairman's notes of evidence.

3. We have heard discrete argument from Counsel on the issue of constructive dismissal and do not propose to resolve that issue today. The appeal will be formally adjourned in order that the chairman's comments may be obtained and copied to the parties, where, after the matter will be relisted for further hearing. Time estimate – 1 full day. Meanwhile Counsel are to provide an agreed chronology in this case within 21 days of today. The Respondent, Mrs Ehdaie's cross appeal is dismissed on withdrawal.