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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> HFC Bank Ltd v Smith [2002] UKEAT 1023_02_1911 (19 November 2002) URL: http://www.bailii.org/uk/cases/UKEAT/2002/1023_02_1911.html Cite as: [2002] UKEAT 1023_2_1911, [2002] UKEAT 1023_02_1911 |
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At the Tribunal | |
Before
HIS HONOUR JUDGE J BURKE QC
MS K BILGAN
MR J C SHRIGLEY
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | Mr P Key (of Counsel) Instructed by: Messrs DMH Solicitors 40 High Street Crawley West Sussex RH10 1BW |
HIS HONOUR JUDGE J BURKE QC
"At the commencement date of the claim we are satisfied that Mr Smith would not have been able to perform the material and substantial duties of his insured occupation."
"We do not need to decide whether or not Section 6 (11) of the Disability Discrimination Act applies, although we rather thought it would not, due to our finding that the Applicant's right to future payments is a contractual right to sick pay rather than a benefit paid to him by Unum."
We do not think that an arguable ground of appeal arises out of that because that is not a part of the Decision which constitutes a decision against the Bank.