Appealing UT against FTT decision

[EMELOGU]

Is Error in Judgement be regarded as Error in Law

[charlieab]

Im afraid my knowledge of law plummetted this year with brain problems. But I think an error in judgement will in effect be an error in law if its based upon a misinterpretation of what the law requires. This in turn might be based upon a failure to know what the statute provides and/ or a failure to understand the correct interpretation of the statute based upon case law.

But to know that there has been an error in law then it helps if the judge or tribunal member set out his/her reasoning i.e. why he/ she reached the conclusion that he/ she did. If the reasoning was not set out adequately in the lower court judgement then I think this can also be appealed.

An example of an error in law based upon an error in judgement might be the following:

Judge determines that there was no breach of the Equaly Act reasonable adjustments duty when an employer failed to consider adjustments to work arrangements for an employee with lets say fibromyalgia.

The judge (tribunal member if below High Court) in his/her reasoning states:

(a) There is no duty to make adjustments if the employee did not tell the employer that he was disabled.

(b) the employee did not tell the employer that he was disabled.

(c) Therefore there was no duty to consider adjustments and so no breach of the duty.

(a) is an error in law as there would be a duty if the employer could be reasonably expected to have known that the emplyee had a disability (regardless of whether he had told the employer). For instance, the employee might have obvious walking problems.

(b) Is aquestion of fact. And (c) is an error in law.

Hope this make sense.

Sorry typos. have crazy visual snow and other visual problems!

[EMELOGU in reply to charlieab]

Thanks very much for the info.

[Dizzytwo Moderator in reply to EMELOGU]

I have added some useful links I hope they help

healthunlocked.com/fibromya...

[Dizzytwo Moderator]

Good evening I see you have just joined our group may i wish you a very warm welcome.

May I ask do you suffer with fibro ? I am sorry but i am not sure you are appealing and against what ?

You may wish to lock your post to keep it private and off the www where everyone can read what you post. This may also help generate more replies. This link will help you to lock your post if you wish to.

healthunlocked.com/fibromya...

Momo