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02 October 2008
Issue: 7339 / Categories: Case law , Law digest
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Employment Law

Hay v Ministry of Defence [2008] All ER (D) 269 (Jul)

(i) In a claim under the Disability Discrimination Act 2005, the “impairment” may be an illness or may result from an illness; it is not necessary to consider the cause of it. A tribunal is entitled to regard as disabled someone who suffers from a combination of impairments with different effects, to different extents, over periods of time which overlap.

(ii) If a hearing is to be fair, each party must be aware of the principal allegations to be made by the other, and have a reasonable opportunity of meeting them. However, no formal amendment of the ET1/ET3 is required where a party is simply seeking to resolve an existing confusion or to clarify what has already been said.

Thus, if another incident is complained of in a discrimination case beyond those the facts of which have already been outlined, an amendment will usually be necessary. In other cases, however, what is required is expansion of that which has already been said. If, reasonably viewed, this puts the opposite party at a disadvantage, the tribunal will consider whether or not to grant an adjournment, which might well resolve any prejudice. The focus must be on whether or not a fair trial of the issues (as expanded) can take place.

 

Issue: 7339 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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