Appeal No. EATS/0021/04

EMPLOYMENT APPEAL TRIBUNAL
52 MELVILLE STREET, EDINBURGH EH3 7HF

	At the Tribunal
	On 29 June 2004

 
Before
THE HONOURABLE LORD JOHNSTON
MR A J RAMSDEN
MISS G B LENAGHAN

 

JAMES GREIG	APPELLANT

 

 
FIFE COUNCIL	RESPONDENTS

 
 
Transcript of Proceedings
 
JUDGMENT

 

 

 
 
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:
 
1.	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.