Posavec v Morgan Stanley International

Employment – Discrimination. The employee, in her claim for disability discrimination, had put forward to the employment tribunal a number of conditions which she claimed had caused her to be disabled, some of which went beyond her pleaded case. The tribunal found that she was disabled. The Employment Appeal Tribunal, in allowing the employer's appeal, held that the tribunal's reasons had: (i) not adequately identified what conditions she had which had caused her to be disabled and whether they were the pleaded or some other conditions; and (ii) not made clear which symptoms or conditions had supported its conclusion as to long-term effect. Accordingly, the matter would be remitted to a fresh tribunal.

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