EAT UNFAIR DISMISSAL
Reason for dismissal
DISABILITY DISCRIMINATION
Disability
Reasonable adjustments
Unfair dismissal and disability discrimination. Claimant employed as a service engineer and dismissed. Claimant’s case was that dismissal was both unfair and for a reason related to disability. Respondents’ case was that dismissal was fair, on grounds of misconduct. Tribunal found that dismissal was because of respondents’ perception of the claimants’ gross misconduct but also that it was because of his disability. They also determined that a key factor in the respondents’ finding of misconduct was not open to them but did so by taking into account evidence that had not been before the respondents which it was held the Tribunal were not entitled to do. Held that the Tribunal failed to apply the Burchell test, took into account irrelevant material regarding claimant’s application for ill-health retirement in a manner which also made an unfounded assumption, had reached contradictory findings on the respondents’ reason for dismissal and drawn inferences regarding the disability discrimination claim that were not justified by reference to primary fact. Remitted back to a freshly constituted Tribunal.
Judges:
The Honourable Lady Smith
Citations:
EATS/0088/04, [2005] UKEAT 0088 – 04 – 3006
Links:
Jurisdiction:
England and Wales
Citing:
Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 03 June 2022; Ref: scu.228616
