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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Shail v Swindon Pressings Ltd [2005] UKEAT 0771_04_0804 (8 April 2005) URL: http://www.bailii.org/uk/cases/UKEAT/2005/0771_04_0804.html Cite as: [2005] UKEAT 771_4_804, [2005] UKEAT 0771_04_0804 |
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At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
MR D J JENKINS OBE
MRS M V MCARTHUR
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
For the Appellant | MR DAVID E GRANT (Of Counsel) Instructed by: Messrs Rowley Ashworth Solicitors 247 The Broadway Wimbledon London SW19 1SE |
For the Respondent | MR PHILIP MEAD (Of Counsel) Instructed by: BMW (GB) Ltd Legal Services Ellesfield Avenue Bracknell Berks RG12 8TA |
SUMMARY
Disability Discrimination and- Unfair Dismissal
Whether disabled Question of fact for Employment Tribunal. Section 98(4) fairness perversity argument rejected. Appeal dismissed.
HIS HONOUR JUDGE PETER CLARK
The facts
"As the Claimant was suffering from a mental health problem and not a physical one my advice to him was to try to carry out or activities that he felt he could cope with. This would help him to come to terms with his medical condition which in turn should aid and speed his progress back to health and return to work."
The Tribunal decision unfair dismissal
Disability discrimination
The appeal
Unfair dismissal
Disability