EAT Practice and Procedure : Admissibility of Evidence – CONTRACT OF EMPLOYMENT – Notice and pay in lieu
Disability related discrimination
Direct disability discrimination
Reasonable adjustments
Without prejudice negotiations, not leading to a compromise agreement, revealed in evidence through questioning by an Employment Tribunal lay member. Subsequently, unfair dismissal compensation reduced by 50 per cent for the chance that a compromise agreement would have been reached but for the dismissal. That reduction set aside. No waiver of privilege. ET’s must not investigate without prejudice discussions absent clear waiver by both parties.
ET awarded both loss of earnings from EDT and pay in lieu of notice. Double recovery. Award reduced accordingly.
ET permissibly found that Respondent did not have necessary knowledge, actual or imputed, to found complaints of direct, disability-related (not pursued below) and failure to make reasonable adjustments.
Judges:
Peter Clarke J
Citations:
[2012] UKEAT 0586 – 10 – 1907, [2013] IRLR 23, [2012] Eq LR 998
Links:
Jurisdiction:
England and Wales
Employment
Updated: 05 November 2022; Ref: scu.464248