EAT UNFAIR DISMISSAL – Reasonableness of dismissal
DISABILITY DISCRIMINATION ACT
Employment Tribunal held Claimant had been unfairly dismissed and unlawfully discriminated against contrary to Equality Act 2010, sections 13, 15 and 20.
On appeal Claimant accepted that finding of direct discrimination had to be set aside in the light of ET’s finding that the reason for the dismissal was the Claimant’s ‘manner or personality’. It was also accepted that ET erred in finding that there was a failure to make reasonable adjustments without considering the provision, criterion or practice applied by the Appellant or considering the nature and extent of the substantial disadvantage suffered by the Claimant.
EAT found that finding of discrimination arising from disability cannot be sustained, nor can the finding of unfair dismissal. Further, in relation to both discrimination arising from disability and unfair dismissal the ET decision was not Meek compliant. In the circumstances ET’s findings in relation to reasonable adjustments, discrimination arising from disability and unfair dismissal are to be remitted to a freshly constituted tribunal for consideration.
Supperstone J
[2013] UKEAT 0442 – 12 – 1207
Bailii
Equality Act 2012 13 15 20
England and Wales
Employment, Discrimination
Updated: 23 November 2021; Ref: scu.517220
