BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
United Kingdom Employment Appeal Tribunal |
||
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Hart v. Bolton Hospitals NHS Trust [2005] UKEAT 0909_04_0903 (9 March 2005) URL: http://www.bailii.org/uk/cases/UKEAT/2005/0909_04_0903.html Cite as: [2005] UKEAT 909_4_903, [2005] UKEAT 0909_04_0903 |
[New search] [Printable RTF version] [Help]
At the Tribunal | |
HER HONOUR JUDGE WAKEFIELD
(SITTING ALONE)
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
For the Appellant | MR B HART (the Appellant in Person) |
For the Respondent | MR SEAN E REYNOLDS (Solicitor) Messrs Hempsons Solicitors Portland Tower Portland Street Manchester M1 3LF |
SUMMARY
Practice and Procedure
Refusal of Employment Tribunal to accept the claim. Appellant asserted disability discrimination but denied he was a disabled person. His complaint was that he was unfairly treated in that the potential employer denied him a job on the mistaken basis that he was disabled.
HER HONOUR JUDGE WAKEFIELD
"Your claim form has been referred to a chairman Miss A Woolley who has decided that your claim cannot be accepted for the following reason(s)
Discrimination in 2003 was only unlawful if it was on the grounds of sex, race, married status or where the Claimant was a disabled person on certain grounds relating to his or her disability. You do not appear to be alleging any such grounds.
I am therefore returning your claim form to you."
(2) The Secretary shall not accept the claim (or a relevant part of one) if it is clear to him that one or more of the following circumstances applies -
…
b) the tribunal does not have power to consider the claim (or that relevant part of it).
(3) If the Secretary decides not to accept a claim or part of one for any of the reasons in paragraph (2), he shall refer the claim together with a statement of his reasons for not accepting it to a chairman. The chairman shall decide in accordance with the criteria in paragraph (2) whether the claim or part of it should be accepted and allowed to proceed.
…
(5) If the chairman decides that the claim or part of it should not be accepted he shall record his decision together with the reasons for it in writing in a document signed by him. The Secretary shall as soon as is reasonably practicable inform the claimant of that decision and the reasons for it in writing together with information on how that decision may be reviewed or appealed.
"I have never stated at any time that between 1 November 2002 and 31 May 2003 that I was suffering from a disability namely physical or mental impairment which had a substantial and long term adverse effect on my ability to carry out normal day to day activities. This has never been stated by me in my original bundles, and also my skeleton argument, which the Respondent is well aware of."