EAT Disability Discrimination : Disability – Direct disability discrimination – UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
Two points were permitted to proceed to this Full Hearing:
(1) The Employment Tribunal sought to draw a distinction between ‘perceived’ and ‘suspected’ disability. That was unhelpful. However, the Employment Tribunal’s answer to the ‘reason why’ question: why was the Claimant (a) suspended and (b) dismissed, showed that neither had anything to do with his actual (he denied mental health problems) or perceived disability.
(2) There was no inconsistency between the Employment Tribunal’s finding as to (a) the reason for dismissal, ill-health capability, for the purposes of section 98 Employment Rights Act 1996 and (b) his conduct leading to their answer to the reason why question under section 13 Equality Act 2010 (see above).
Appeal dismissed.
Peter Clark J
[2015] UKEAT 0340 – 14 – 0506
Bailii
Employment Rights Act 1996 98
England and Wales
Employment, Discrimination
Updated: 03 January 2022; Ref: scu.551069