Sophie Garner successfully defends third appeal at the EAT by a serial litigant

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Sophie Garner


Appearing on behalf of Dudley MBC at the Employment Appeal Tribunal on Friday, Sophie was successful in having the third appeal by Mr Herry – a serial litigant and former teacher in Dudley – dismissed by HHJ Eady, QC.

The issues in the Appeal related to the strength and type of evidence required to prove disability where there are two or more impairments; and the requirement for the Tribunal to consider the entirety of the procedural and substantive issues raised in determining unfairness. Unusually in this case, the procedural irregularities related to the appeal process rather than the dismissal hearing process.

The full written judgment will be published in 5-6 weeks.

The first of Mr Herry’s appeals dealt with when stress and depression can rightly be termed a disability, and when it should be classified as merely a reaction to life events.  It is reported at Herry v Dudley BC [2017] ICR 610.

Written by Sophie Garner