ALAN JONES v REITH LAMBERT FACILITIES MANAGEMENT LTD [2002] UKEAT 0009_02_2410

EMPLOYMENT APPEAL TRIBUNAL

BAILII case number: [2002] UKEAT 0009_02_2410

Case No Appeal No. EATS/0009/02

Venue 52 MELVILLE STREET, EDINBURGH EH3 7HF

Between

ALAN JONESAPPELLANT

REITH LAMBERT FACILITIES MANAGEMENT LTDRESPONDENT

Before

Lord Johnston Dr A H Bridge Miss A Martin

Date 24 October 2002

[1]APPEARANCES For the Appellant Ms M Ram, Advocate Instructed by- Easterhouse Citizens Advice Bureau 46 Shandwick Square GLASGOW G34 9DS For the Respondents Miss C Brattey, Solicitor Of- Messrs Burness Solicitors 242 West George Street GLASGOW G2 4QY LORD JOHNSTON: In this appeal the appellant employee challenges the decision of the Employment Tribunal in respect of his application for both unfair dismissal and disability discrimination whereby, after a preliminary hearing related to the issue of disability, the Tribunal held that the appellant was not disabled within the meaning of the Act. Insofar as the claim was presented under the Disability Discrimination Act 1995, it was accordingly dismissed.

[2]Before us, Ms Ram, appearing for the appellant, both submitted that it was inappropriate in the circumstances for the Tribunal to have held a preliminary hearing and thereafter went on to challenge its findings as a matter of alleged errors of law.

[3]We do not consider it necessary to examine the contents of the decision in any detail because we are entirely satisfied given the nature of these claims that they are so interrelated that it was inappropriate to restrict the issue of disablement to a preliminary hearing. Furthermore the appellant was given no notice until the morning that that was what was going to happen and could therefore be fairly described as having been ambushed by the Chairman's decision. The IT1 makes it clear that his mental health is inextricably bound up with the working environment and the circumstances surrounding the termination of his employment and, therefore, we consider that the issues in this case have to be considered as a unit.

[4]Without further ado, we will accordingly allow this appeal and remit the matter back to a full hearing before a differently constituted Employment Tribunal since it is plain that the present one has really had its mind directed to certain issues and may not re-approach the matter with an open mind.