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United Kingdom Employment Appeal Tribunal


You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Scales v. Co-Operative Group (CWS) Ltd [2001] UKEAT 0370_01_0410 (4 October 2001)
URL: http://www.bailii.org/uk/cases/UKEAT/2001/0370_01_0410.html
Cite as: [2001] UKEAT 370_1_410, [2001] UKEAT 0370_01_0410

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BAILII case number: [2001] UKEAT 0370_01_0410
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 RESPONDENT


Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING - EX PARTE

© Copyright 2001


    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.


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URL: http://www.bailii.org/uk/cases/UKEAT/2001/0370_01_0410.html