The Claimant was dismissed for urinating in a loading yard, the Respondent employer alleging that this was a breach of (unspecified) Health and Safety Regulations and serious and wilful neglect of company property. The Tribunal found that the dismissal was unfair and that the dismissal arose from the Claimant’s disability. A subsequent Judgment in relation to Remedy ordered re-instatement. The Respondent appealed both Decisions.
Held:
(1) The Tribunal was entitled to conclude that the evidence, including the CCTV evidence, did not establish that the Claimant had urinated on the pallets and so the arguments on perversity and substitution mindset failed.
(2) The Respondent’s fall-back position of objective justification for section 15 discrimination had been addressed adequately by the Tribunal in the Remedy Judgment, the matter having been initially overlooked. The decision on this was not perverse.
(3) The Tribunal had not erred in its approach to re-instatement. It had considered the particular circumstances of the Claimant and found that the operative cause of the dismissal was his disability but that he considered trust and confidence could be restored. The Respondent’s contention that trust and confidence had broken down was not rationally based.
Appeal dismissed.
Citations:
[2018] UKEAT 0268 – 17 – 1312
Links:
Jurisdiction:
England and Wales
Employment
Updated: 09 December 2022; Ref: scu.631856