EAT confirms unfair hearing


Overhead view of colleagues in meeting

The EAT has handed down judgment in Ms F Habib v Dave Whelan Sports Limited t/a DW Fitness First EA-2020-00983-LA. The EAT accepted Edward Kemp’s submissions that the ET’s failure to take into account the Claimant’s dyslexia when making findings that impugned her credibility rendered the hearing unfair.

The judgment at [34] and [35] provides important guidance to ETs on the need to analyse such matters by reference to the general guidance in the Equal Treatment Bench Book and the Presidential Guidance in relation to vulnerable parties and witnesses. The failure to do so, in the instant case, was such a fundamental failing as to make the hearing unfair. The entire case (heard over 10 days in 2020) is to be remitted to a fresh ET panel for a re-trial.

Edward Kemp (who did not appear before the ET) was instructed by Advocate for the successful Appellant.

Laura Prince KC represented the Appellant at the earlier Rule 3(10) Hearing instructed under the ELAAS Scheme.

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