In Department for Work and Pensions v Brindley UKEAT/0123/16, the Employment Appeal Tribunal (EAT) has upheld an employment tribunal’s decision that it had jurisdiction to hear a second disability discrimination claim despite the parties settling a previous claim under a COT3. A COT3 is an agreement which records the terms of settlement of an employment tribunal claim, or potential claim.
Mr Paulley, a wheelchair user, sought to board a bus operated by FirstGroup on 24 February 2012. The wheelchair space marked with a notice which read ‘Please give up this space for a wheelchair user’ was occupied by a sleeping child in a pushchair. The bus driver asked the child’s mother to vacate but the mother refused and the driver took no further action.
In Taylor v Ladbrokes Gaming & Betting UK Ltd, the Claimant appealed a finding of the employment tribunal that he was not disabled by virtue of his type 2 diabetes. Following his dismissal, the Claimant bought claims of unfair dismissal and disability discrimination asserting that he had been disabled for almost a year before his dismissal.
In City of York Council v Grosset the Employment Appeal Tribunal (EAT) has upheld a finding that the Claimant was treated unfavourably because of something arising in consequence of his disability but that his dismissal was fair.
The Employment Appeal Tribunal (EAT) has held in Herry v Dudley Metropolitan Council & Anor UKEAT/0100/16/LA and UKEAT/0101/16/LA that the tribunal was not bound to find that the Claimant was disabled because he had been certified off sick by his GP for stress for a long period.