Employment Cases Update

McCarron v Road Chef Motorways Ltd and Others UKEAT/0268/18/RN

Date published: 10/06/2019

Appeal against the ET’s determination that a disability discrimination claim stood dismissed for non-compliance with an Unless Order. Appeal allowed.

The Claimant, a litigant in person, presented complaints of unfair dismissal and disability discrimination by the Respondents, alleged to have occurred in various ways by reference to the claimed disability of dyslexia. The Respondents disputed all of the claims on their merits, contending that she was fairly dismissed for conduct and that nothing they had done amounted to disability discrimination. The ET made an Unless Order, setting a time limit for the Claimant to provide any further disability impact statement and any medical evidence in support of her claimed dyslexia. When no medical evidence had been provided by the deadline, the ET held that the disability discrimination claim was dismissed, and the Claimant appealed.

The EAT held that the ET had erred in law in determining that the disability discrimination claim stood dismissed because of non-compliance with the Unless Order; instead, the ET should have concluded that, by not providing medical or similar evidence, the Claimant was not in breach of the Order but merely might not be permitted to adduce such evidence thereafter. Accordingly, the matter would be remitted to the ET, which should proceed on the basis that the disability discrimination claim remained live.

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Read the full text of the judgment on BAILII or download the file by clicking the link below.

Employment Claims without a Lawyer 2nd edition published March 2018