Appeal No. EAT/0370/01

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 4 October 2001

Before
HER  HONOUR JUDGE WAKEFIELD
MISS D WHITTINGHAM
MR G H WRIGHT MBE

MRS J JARVIS SCALES	APPELLANT

THE CO-OPERATIVE GROUP (CWS) LTD	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING - EX PARTE

Revised

	APPEARANCES

For the Appellant	MR M PAGET
(Of Counsel)
Instructed by 
Messrs Irwin Mitchell
Imperial House
31 Temple Street
Birmingham
B2 5DB	

JUDGE WAKEFIELD

1.	This an Ex Parte Preliminary Hearing of an appeal by Mrs J A Jarvis Scales against a reserved decision dated 29 January 2001 of an Employment Tribunal held at Shrewsbury by which her claim to have been discriminated against by the Respondent on the ground of her disability was dismissed.

2.	The appeal is based on the alleged perverse failure of the Employment Tribunal to conclude from all the facts as found that the Respondent had failed to make the adjustments required by Section 6 of the Disability Discrimination Act 1995 in order to enable the Appellant to return to work.

3.	The decision being appealed in our view correctly analysed both Sections 5 and 6 of the 1995 Act and reached correct conclusions on the basis of the facts as found.  It was a full and well reasoned decision.

4.	We cannot improve on the analysis in that decision and merely endorse the approach of the Employment Tribunal.  No arguable point of law arises.  The appeal cannot succeed and is dismissed.