EAT (1) The Appellants dismissed the Respondent after a long period of post-accident sickness, including a phobic anxiety about returning to the Appellants’ workplace. The Employment Tribunal found that the Respondent had been unfairly dismissed and that there had been disability discrimination. They awarded andpound;15,000 for disability discrimination and a basic award; no compensatory award was sought.
(2) The Appellants’ appeal against the disability discrimination finding was not opposed; the Employment Tribunal had based it on an act of discrimination which had neither been pleaded nor relied upon before them. The consequential award was set aside.
(3) The Appellants’ appeal against the unfair dismissal finding was rejected; the Tribunal had been entitled to conclude on the facts that, despite the strength of the medical evidence, because the Appellant had offered to provide further rehabilitative treatment which was rejected on the basis that the Respondent had just started his own course of such treatment, it was unfair to dismiss before the outcome of such treatment was known.
Judges:
Burke QC HHJ
Citations:
[2006] UKEAT 0061 – 06 – 2504
Links:
Employment, Discrimination
Updated: 06 July 2022; Ref: scu.241484