EAT RACE DISCRIMINATION – Direct discrimination
DISABILITY DISCRIMINATION – Disability
DISABILITY DISCRIMINATION – Reasonable Adjustments
C, who is black, was employed by RBS. He raised a complaint against his manager (T). The manager to whom he complained (A) suggested, without any foundation in anything that C had said, that C was alleging a racial motivation on the part of T: C was very offended by what he took to be the suggestion that he was ‘playing the race card’. In a subsequent ‘Dignity at Work’ grievance C complained primarily about T’s conduct but also complained about A’s comment. The grievance was not upheld and an appeal was refused. C was off sick from shortly after his meeting with A, suffering from stress-related symptoms. There were further disagreements about his entitlement to sick pay and the arrangements for agreeing a return to work, and he eventually resigned.
C brought proceedings for
– unfair (constructive) dismissal
– race discrimination, on the basis that both A’s comment and the handling and outcome of his grievance were directly discriminatory
– disability discrimination, on the grounds that his illness constituted a clinical depression satisfying the requirements of section 1 of the 1995 Act, and that RBS had failed to make reasonable adjustments to facilitate his return to work by insisting that he return initially to his previous department.
The ET upheld all three claims. RBS appealed only against the findings of discrimination.
Judges:
Underhill P J
Citations:
[2011] UKEAT 0436 – 10 – 1910
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 06 February 2022; Ref: scu.451894