Disability Discrimination, Whistleblowing, Protected Disclosures
The tribunal had been entitled on the evidence to conclude that the respondent’s interim CEO had taken the decision to dismiss the claimant on 19 March 2012 and the respondent’s challenge to the ET’s findings of fact on the dismissal decision therefore failed.
However the tribunal erred by then taking into account matters that post-dated 19 March 2012 in their analysis of the reason for dismissal. The tribunal also misdirected itself on the issue of causation in the direct disability discrimination claim (s.13) and discrimination arising from disability (s.15(1)(b)) and the victimisation (s.27 Equality Act 2010) claims.
The Honourable Mrs Justice Stacey
 EAT 11
England and Wales
Updated: 06 August 2022; Ref: scu.679852