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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

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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