The claimant and his manager worked in sales/marketing. The manager became disabled with cancer. A decision was taken to cease the work done by the manager and the claimant, resulting in both being dismissed. The Tribunal determined that the burden of proof had shifted to the respondent to show that it had not discriminated against the claimant because of his manager’s disability. The Tribunal gave insufficient reasons to explain why the burden had shifted. The Tribunal, on its limited analysis, having determined that the burden had shifted, erred in law in holding that the burden had been discharged, particularly in circumstances in which the decision maker was not called to give evidence. The Tribunal further erred in holding that for a disability such as cancer, deemed or actual knowledge of the disability requires that there has been a medical diagnosis. The matter is remitted to a differently constituted employment tribunal to consider the date upon which the employer had actual or deemed knowledge of the manager’s disability and whether the claimant was discriminated against because of his manager’s disability.
[2021] UKEAT 2020-000349
Bailii
England and Wales
Employment
Updated: 27 December 2021; Ref: scu.669826