Crime Reduction Initiatives v Lawrence: EAT 17 Feb 2014

EAT Disability Discrimination : Disability Related Discrimination
The Claimant was dismissed on health grounds based on depression which was a disability. The Employment Tribunal found that the dismissal was unfair because the letter inviting her to a meeting to discuss capability was, because of an HR error, expressed to be an invitation to a disciplinary meeting, which the majority of the ET found was intimidating and put her off attending the meeting. The ET found unanimously that even if the Claimant had attended the meeting the employer would have dismissed her fairly.
In the light of those findings, the ET awarded the Claimant a basic award for unfair dismissal but no compensatory award. The majority also found that the employer was liable for disability discrimination under section 15 of the Equality Act 2010 and awarded her andpound;750 for injury to feelings arising from the dismissal.
The employer appealed on the basis that the majority were wrong to say that the dismissal was not a ‘proportionate means of achieving a legitimate aim’ in considering section 15. On the facts, it was clear that the dismissal was justified: the fact that the process by which the employer had reached that decision was flawed was irrelevant. The finding of disability discrimination and the award of andpound;750 set aside.
The Claimant’s cross-appeal that the finding that even if she had attended the meeting it would have made no difference was an appeal on fact and hopeless. Her cross-appeal against the award of only andpound;750 fell away.

Shanks J
[2014] UKEAT 0319 – 13 – 1702
Bailii
Equality Act 2010 15
England and Wales

Employment, Discrimination

Updated: 02 December 2021; Ref: scu.523364