LQP v (1) City of York Council (2) City of York Training Ltd (ta Work with York)
| Jurisdiction | UK Non-devolved |
| Court | Employment Appeal Tribunal |
| Judge | Judge Tucker |
| Published date | 07 September 2023 |
| Subject Matter | Not landmark |
Judgment approved by the court LQP v City of York Council & Another
© EAT 2023 Page 1 [2022] EAT 196
Neutral Citation Number: [2022] EAT 196
Case No: EA-2021-000509-BA
EMPLOYMENT APPEAL TRIBUNAL
Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 28 September 2022
Before :
HER HONOUR JUDGE TUCKER
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Between :
LQP
Appellant
- v -
(1) CITY OF YORK COUNCIL
(2) CITY OF YORK TRAINING LIMITED (T/A WORK WITH YORK)
Respondents
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- - - - - - - - - - - - - - - - - - - - -
George Molyneaux for the Appellant
Sam Healy for the Respondent
Hearing date: 28 September 2022
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JUDGMENT
Revised
Judgment approved by the court LQP v City of York Council & Another
© EAT 2023 Page 2 [2022] EAT 196
SUMMARY
Practice and Procedure, Disability Discrimination
The Appellant (Claimant before the Tribunal) contended that an Employment Judge had erred in law
in refusing an application to amend so as to permit him to bring a claim of disability discrimination
based upon perceived, rather than actual, disability, and, in respect of the refusal of an anonymity
order. The appeal was allowed in respect of both grounds of appeal. The Judge erred in his approach
to the application for amendment by, arguably, ‘short-cutting’ the required analysis and evaluation of
the relative hardship of granting or refusing the amendment. In respect of the anonymity order, the
Judge erred in that he failed to have proper regard to new evidence and consider and balance the
Claimant’s Article 2.
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