JAMES GREIG v FIFE COUNCIL [2004] UKEAT 0021_04_2906
EMPLOYMENT APPEAL TRIBUNAL
BAILII case number: [2004] UKEAT 0021_04_2906Case No Appeal No. EATS/0021/04Venue 52 MELVILLE STREET, EDINBURGH EH3 7HF
Between
JAMES GREIGAPPELLANTFIFE COUNCILRESPONDENT
Before
Lord Johnston Mr A J Ramsden Miss G B LenaghanDate 29 June 2004
[1]APPEARANCES For the Appellant Mr J Greig, In Person 13 Broom Gardens KIRKCALDY KY2 6YZ For the Respondents Mrs S MacKessack, Solicitor Of- Fife Council Law & Administration Service Fife House North Street GLENROTHES KY7 5LT SUMMARY DISABILITY DISCRIMINATION Whether discrimination on grounds of disability in relation to selection to a post LORD JOHNSTON: The appellant employee appealed against a decision of the Employment Tribunal sitting in Edinburgh in respect of a claim for discrimination under the Disability Discrimination Act 1995. His complaint was that he was not selected for a particular post and he claims that was on the grounds of his disability. Despite lodging extensive grounds of appeal, which are not always easy to follow, before us, Mr Greig made three short submissions.[2]He first submitted that the Tribunal had made no primary findings of fact. He secondly submitted that the Tribunal had gone beyond the original reason put forward for the decision not to award the post to Mr Greig, and, thirdly, he complained that the proper comparator was the people shortlisted for the post.[3]We are unable to accept any of these propositions. It is plain that the Tribunal studied the evidence and reached conclusions on fact. The reason they give primarily for the decision was that everybody was treated the same as regards criteria for the post and there was no evidence that Mr Greig's disability played any part in the exercise. The third submission is entirely without merit given the findings of the Tribunal.[4]In these circumstances we do not consider this appeal has any substance and it will be dismissed.