EAT Disability related discrimination
Direct disability discrimination
Compensation
Direct Disability Discrimination and Discrimination arising from Disability
After considering the judgment and the Respondent’s acceptance that there appeared to be errors as to the findings that both direct disability discrimination and discrimination arising from disability and after considering paragraph 18.3 of the Practice Direction (Employment Appeal Tribunal – Procedure) 2013 (‘the PD’), which deals with the disposal of appeals by consent, the appeal was allowed and the case remitted. The Employment Tribunal had made no findings as to knowledge of disability and there was no basis for analysing the judgment as containing a finding of constructive knowledge and so the conclusion on discrimination arising from disability was questionable. Nor was it clear what the evidential basis was for the conclusion that the Appellant had directly discriminated against the Respondent because of her disability and no clear basis for differentiating that from the finding of discrimination arising from disability.
Compensation
The Employment Tribunal’s findings of fact and reasoning do not appear to support the decision made as to loss of earnings.
Disposal
The case was remitted for a complete re-hearing before a differently constituted Employment Tribunal.
Hand QC HHJ
[2015] UKEAT 0273 – 14 – 1401
Bailii
England and Wales
Employment, Discrimination
Updated: 29 December 2021; Ref: scu.544855
