EAT Unfair Dismissal – Other
The employer appealed a finding of unfair dismissal and disability discrimination. She suffered an apparently minor injury, but which led to long standing disability with varying diagnoses. The company doctor came to consider it would be a long time before she could return. She was dismissed for capability.
Held: There was potentially a fair reason. The issue was whether the employer had acted reasonably. The employer argued that the defect on the original dismissal was cured in the appeal. To succeed, the employer must show that the appeal was a full appeal, not just a review. The tribunal had failed to explain its finding that the appeal had been merely a review, and accordingly the unfair dismissal decision must fail. As to the discrimination, the tribunal had improperly short circuited the steps necessary to establish discrimination, and that appeal also must be allowed.
Judges:
His Hon Judge Clark
Citations:
EAT/547/99, [2000] UKEAT 547 – 99 – 1212
Links:
Statutes:
Employment Rights Act 1996 98(4), Disability Discrimination Act 1995 1
Citing:
Cited – West Midlands Co-operative Society v Tipton HL 1986
All information available to an employer at the date of the termination of the employment relationship is relevant when considering the fairness of dismissal, and also any information becoming available during the course of, for example, an internal . .
Cited – P B Baynton v Saurus General Engineers Ltd EAT 14-Jul-1999
The Tribunal set out the order of questions to be established in a claim of disability discrimination: ‘The statutory sequence for establishing justification in a s.5(1)(a) claim is as follows: (1) The disabled appellant shows less favourable . .
Cited – H J Heinz Co Ltd v Kenrick EAT 3-Dec-1999
EAT Disability Discrimination – Compensation. . .
See Also – Gate Gourmet London Ltd v Jangra EAT 13-Apr-1999
. .
See also – Gate Gourmet v Jangra EAT 7-Feb-2000
. .
Cited by:
See also – Jangra v Gate Gourmet London Ltd EAT 8-Oct-2001
. .
See Also – S B Jangra v Gate Gourmet London Ltd EAT 3-Oct-2002
EAT Disability Discrimination – Adjustments
The claimant had suffered a cut finger at work. Severe complications resulted in her eventual dismissal for incapacity. She sought to allege disability . .
See Also – Gate Gourmet v J B Jangra EAT 12-Dec-2002
EAT Unfair Dismissal – Other . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 06 June 2022; Ref: scu.177369