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Gallop v Newport City Council

[2013] EWCA Civ 126

Case No: A2/2012/2073
Neutral Citation Number: [2013] EWCA Civ 126
IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL

(HIS HONOUR JUDGE PETER CLARK)

Royal Courts of Justice

Strand, London, WC2A 2LL

Thursday, 31st January 2013

Before:

LORD JUSTICE ELIAS

GALLOP

Appellant

- and -

NEWPORT CITY COUNCIL

Respondent

(DAR Transcript of

WordWave International Limited

A Merrill Communications Company

165 Fleet Street, London EC4A 2DY

Tel No: 020 7404 1400 Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

Ms Karon Monaghan QC and Ms Laura Prince (instructed by the Bar Pro Bono Unit) appeared on behalf of the Appellant.

The Respondent did not appear and was not represented.

Judgment

Lord Justice Elias:

1.

I am satisfied that two of the grounds raise points of some real interest and they certainly should go through. I take the point that it might be thought surprising if an employer could say we have received advice that an employee is not disabled and rely on that. I am very curious to see what the outcome is!

2.

A time estimate of one day. Three Court of Appeal judges. There is no particular urgency. Counsel to serve a bundle which is more helpfully organised.

Order: Application granted

Gallop v Newport City Council

[2013] EWCA Civ 126

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