Teacher's Disability Discrimination Case: Costs Application Reinstated by EAT
A teacher's costs application in a disability discrimination case has been reinstated by the EAT. The original tribunal's strike-out was deemed unlawful due to procedural errors and lack of reasonable adjustments for the claimant's disability.
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Teacher's Costs Application Reinstated in Disability Discrimination Case
The Employment Appeal Tribunal (EAT) has overturned a decision by the Employment Tribunal (ET) to strike out a disabled teacher's costs application, following a successful disability discrimination claim against South Essex Academy Trust.
Background
Ms S Fox, a former primary school teacher, successfully claimed disability discrimination due to a failure to make reasonable adjustments during her employment. Following a remedy hearing, the Trust applied for costs against Ms Fox. This prompted a counter-application for costs and preparation time from Ms Fox, based on the Trust’s alleged unreasonable conduct.
Procedural Errors and Lack of Adjustments
The EAT found that the ET had made significant procedural errors. The original tribunal failed to consider whether Ms Fox's non-compliance with orders was deliberate, neglecting relevant factors such as delays caused by the Trust and the Tribunal itself. It also failed to adequately consider Ms Fox's requests for reasonable adjustments related to her disability, which impacted her ability to prepare for the hearing.
Strike Out Overturned
The EAT deemed the ET's decision to strike out the costs application unlawful. It highlighted the ET's failure to engage with key legal principles regarding strike outs and its lack of consideration for less severe sanctions. Furthermore, it criticised the ET's failure to accommodate Ms Fox's disability, despite her repeated requests and supporting evidence.
Remittal to a New Tribunal
The case has been remitted to a new ET for a fresh determination of Ms Fox’s application for costs. This decision underscores the importance of fair procedure and reasonable adjustments for disabled individuals in legal proceedings.
