EAT Disability Discrimination: Disability Related Discrimination – DISABILITY DISCRIMINATION – Reasonable adjustments
DISABILITY DISCRIMINATION – Justification
UNFAIR DISMISSAL – Reasonableness of dismissal
The Tribunal had fallen into error and given inadequate reasons when deciding that the Claimant had been fairly dismissed and had not been unlawfully discriminated against on the ground of his disability. However, a perversity challenge to the Tribunal’s findings of fact was not plainly made out and it was not clear whether the errors and shortcomings in the reasoning were fatal to the validity of the decision. It was appropriate to stay the appeal and remit the matter back to the Tribunal under the Burns/Barke procedure, for the purpose of obtaining further and better reasons, before determining the remaining grounds of the appeal.
Judges:
Kerr J
Citations:
[2017] UKEAT 0309 – 16 – 2804
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 24 March 2022; Ref: scu.582072