Tree v South East Coastal Ambulance Service NHS Foundation Trust UKEAT/0043/17/LA

Appeal against the imposition of a deposit order on the Claimant. Appeal allowed in part.

The Claimant was pursuing a claim of disability discrimination under s13 and s15 of the EqA 2010. At a preliminary hearing the EJ made a deposit order in the sum of £1,000. The Claimant appealed.

The EAT allowed the appeal in part. Regarding the s15 claim, whilst the ET had correctly recorded the way the Claimant was putting her s15 case in its case management order, it was not apparent it had regard to the way in which that case was being pursued when reaching its decision on the deposit order. Moreover, the ET's reasoning in respect of s15 EqA demonstrated a misunderstanding of that provision and of the guidance laid down in Pnaiser v NHS England [2016] IRLR 170 EAT. However, the decision relating to her s13 claim was upheld and the £1,000 deposit order was substituted with one of £500.

Published: 21/08/2017 15:43

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