Birmingham City Council v Laws - New issue on final day of hearing [2006] EAT

"When is an issue not an issue? That is the question in this Appeal" - that is how HHJ Peter Clark opened his judgment in this case. Miss Laws had won a disability discrimination tribunal case against her employer, Birmingham City Council. The Council appealed on the basis that the issue on which the tribunal had found in favour of Miss Laws had only been raised for the first time in closing submissions on the final day of a 12 day hearing - and then it had been raised by the tribunal itself.

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