EAT DISABILITY DISCRIMINATION – Disability related discrimination
JURISDICTIONAL POINTS – Extension of time: just and equitable
UNFAIR DISMISSAL – Reasonableness of dismissal
Employee dismissed after being off sick for two years suffering from depression – Claims for disability discrimination and unfair dismissal
Disability discrimination claims held to be unsustainable in the light of London Borough of Lewisham v Malcolm, Child Support Agency v Truman, Stockton-on-Tees Borough Council v Aylott and Hose Express Thurrock Ltd. v Jacomb followed
Part of disability discrimination claim prima facie out of time – Employment Tribunal wrong to hold that reg. 15 of Employment Act 2002 (Dispute Resolution) Regulations 2004 excluded the jurisdiction to extend time on ‘just and equitable’ grounds – Time should have been extended if claim had otherwise been viable
No inconsistency between Tribunal’s reasoning on discrimination and unfair dismissal claims.
Citations:
[2009] UKEAT 0292 – 08 – 0805
Links:
Jurisdiction:
England and Wales
Citing:
Cited – London Borough of Lewisham v Malcolm HL 25-Jun-2008
Unrelated Detriment was no Discrimination
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 26 July 2022; Ref: scu.346168