Employment appeal tribunals and disabled people

The UK employment legislation is quite extensive and those who have been wronged during work hours or have been dismissed without solid grounds have several options they can resort. Of course, these are just two of the most common issues employees face when they consider they have been subject to unfair treatment at work.

There is also a special category of employees, the ones with disabilities, whose hiring, dismissal and treatment at work is governed by the Equality Act together with the Employment Law. When these employees consider they have been subject to unfair treatments, they can file petitions with the Employment Tribunal in the UK which deals specifically with labor matters. If legal mistakes have been made in a case tried by the Employment Tribunal, the case can be further taken to the Employment Appeal Tribunal which will revise it.

Below, we will analyze how the Employment Appeal Tribunal can restore a disabled worker’s rights.

The rights of the employees with disabilities in the UK

For employees with disabilities, the employer is required to take note about the worker’s problem and make the necessary adjustments which enable them to work, under the Equality Law of 2010.

Wrongful termination of employment, lower compensation for the work provided, demotion and unfair treatment are also grounds under which these workers can file petitions with the Employment Tribunal.

In case the solutions for any of the issues do not satisfy the employee who considers the Employment Tribunal has failed  to offer a correct solution, only then he or she also has the right to file a petition with the Employment Appeal Tribunal.

The role of the Employment Appeal Tribunal

As mentioned above, the Employment Appeal Tribunal can intervene only after the Employment Tribunal has made a decision, therefore issued a sentence, which the employee or former employee considers wrong.

The following cases can be taken to the Employment Appeal Tribunal in the UK:

–       whenever the Employment Tribunal did not interpret or applied the law correctly;

–       the procedures related to the case have been applied incorrectly;

–       there was no evidence or sufficient proof which sustains the decision;

–       in case the Employment Tribunal issued a biased or unfair decision.

It is advisable for any employee to ask for a motivation of the decision with the Employment Tribunal before filing the appeal with this court. This will help them understand the evidence they should provide to reach a verdict or a solution which benefits them.

Filing the appeal with the Employment Appeal Tribunal

Employees with disabilities who want to take their cases further to the Employment Appeal Tribunal have a limited time window for filing their petition. This limit is 42 days since the decision or the reasons for the decision were issued by the Employment Tribunal.

The worker must fill in and file Form T444 together with the following supporting documents:

–       the decision of the Employment Tribunal;

–       the form stating the claim of the appellant;

–       the response of the Employment Tribunal;

–       the reasons for the appeal.

Evidence should also be provided, and in case the evidence cannot support the appeal, the employee must add a statement with the reasons why the evidence could not be attached.

Based on the documents above, the Tribunal will schedule a hearing, which can be presented by the appellants themselves, someone who knows the case or a lawyer. During the procedure, both parties will be heard and the decision can be issued at the end of the session or after the hearing. In the latter case, the parties will be notified in writing.

Employees with disabilities have the same rights as any other worker and this applies not only at work, but also when filing a petition with any of the employment tribunals in UK.

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