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  ICR 610.
Written by Sophie Garner
Sophie Garner represented the Respondent in this case, in which the Claimant had appealed the ET’s decision to strike out their claim of failure to make a reasonable adjustment. The failure had involved an omission, and so the appeal dealt with...
The Claimant was dismissed on the grounds of gross misconduct in respect of abusive and threatening messages he had sent to a junior colleague. He brought a claim of unfair dismissal on the basis that there were alternatives to dismissal and that the...
We are delighted that St Philips Employment annual conference is back! This highly popular event, taking place in both Birmingham and Leeds, has returned and this year features some highly topical subjects, ranging from use of WhatsApp and Privacy...
St Philips Barristers are regulated by the Bar Standards Board.
© 2023 St Philips Chambers. All Rights Reserved.
Bespoke web design made in London by Yellowball.
View our Data Policy for further information.
|cookielawinfo-checkbox-analytics||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".|
|cookielawinfo-checkbox-functional||11 months||The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".|
|cookielawinfo-checkbox-necessary||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".|
|cookielawinfo-checkbox-others||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.|
|cookielawinfo-checkbox-performance||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".|