The claimant was a teacher who had come to suffer a sight disability. She complained that her employers had failed to make reasonable accomodation for her disability, and subsequently she resigned claiming constructive dismissal and damages for discrimination. The employer contended that she had not been dismissed within the section.
Held: There had been conflicting decisions. The word ‘dismissed’ in this context had to be construed widely. For the purposes of section 4(2) the 1995 Act, a constructive dismissal was a dismissal. The appeal was itself dismissed.
Thorpe, Keene LJJ, Bennett J
[2004] EWCA Civ 859, Times 15-Jul-2004, [2005] ICR 1, (2004) 80 BMLR 129, [2004] IRLR 703, [2004] 4 All ER 97
Bailii
Disability Discrimination Act 1995 4(2)
England and Wales
Citing:
Appeal from – Meikle v Nottinghamshire County Council EAT 19-Aug-2003
EAT Disability Discrimination – Less favourable treatment. The appellant brought proceedings against the Respondents alleging that they had failed to make adjustments to her workplace and conditions so as to . .
Cited – Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International HL 12-Jun-1997
Allowance of Stigma Damages
The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination.
Held: It is an implied term of any contract of employment that . .
Cited – Western Excavating (ECC) Ltd v Sharp CA 1978
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events . .
Cited – Lewis v Motorworld Garages Ltd CA 1985
The court considered the circumstances under which an employee might resign and successfully claim constructive dismissal.
Glidewell LJ said: ‘This breach of this implied obligation of trust and confidence may consist of a series of action on . .
Cited – Bracebridge Engineering Limited v Darby EAT 1990
The failure by an employer to treat an allegation of sexual harassment seriously was a breach of the implied term to maintain the trust and confidence of an employee, which entitled the employee to treat the contract as having been repudiated. . .
Cited – Jones v Sirl and Son (Furnishers) Limited EAT 1997
In constructive dismissal cases the repudiatory breach by the employer need not be the sole cause of the employee’s resignation. There may well be concurrent causes operating on the mind of an employee whose employer has committed fundamental . .
Cited – Derby Specialist Fabrication Ltd v J N Burton EAT 27-Sep-2000
Race Discrimination – Direct. After dealing with the arguments based on the history of the various statutes: ‘Whether the employer deliberately dismisses the employee on racial grounds or he so acts as to repudiate the contract by racially . .
Cited – M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching) ECJ 26-Feb-1986
ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that . .
Cited – Sutcliffe v Hawker Siddley Aviation Limited NIRC 1973
Though the 1971 Act made no reference to it, nonetheless there could be an unfair dismissal deriving from a constructive dismissal. An argument that the converse interpretation should be adopted because earlier legislation (the 1965 Act) had defined . .
Doubted – Cast v Croydon College CA 19-Mar-1998
Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it.
Held: In a sex discrimination case, where there has been a constructive dismissal, time runs . .
Cited – Bliss v South East Thames Regional Health Authority CA 1985
General damages cannot be awarded for frustration, mental distress or injured feelings arising from an employer’s breach of the implied term of confidence and trust. Dillon LJ said that damages for mental distress in contract are limited to certain . .
Cited – London Clubs Management Ltd v Hood EAT 18-Sep-2001
The employee developed a series of headaches. He was off work for many weeks, and the company cut his sick pay. He claimed disability discrimination. The company claimed he was not being paid because he was not at work, the company having exercised . .
Cited – Collins v Royal National Theatre Board Limited CA 17-Feb-2004
Can an employer’s failure to make adjustments to accommodate a disabled employee be unreasonable but justified?
Held: The justification under 5(2)(b) must be something other than the circumstances which are taken into account for the purpose . .
See Also – Meikle v Nottingham City Council EAT 14-Apr-1994
The appellant challenged dismissal of her claim for indirect racial discrimination based on two grounds. First, that the Tribunal’s decision was perverse; in other words that it was a decision which, on the evidence before it, no reasonable tribunal . .
Cited by:
Cited – O’Hanlon v Revenue and Customs CA 30-Mar-2007
The claimant suffered depression, and complained that the respondent’s reduction in her pay after long periods of sickness was discriminatory. She appealed decisions that it was not. She said that a reasonable adjustment would have been to continue . .
Cited – Jamie v Management Solution Partners Ltd EAT 31-Jan-2006
The claimant received an email from his employers and resigned claiming unfair dismissal saying that it was repudiatory. The employers objected to the admission of the email into evidence saying that it was marked without prejudice and subject to . .
Cited – BUPA Care Homes v Cann; Spillett v Tesco Stores EAT 31-Jan-2006
EAT Practice and Procedure – 2002 Act and Pre-Action Requirements; and Amendment
Whether section 32(4) EA 2002 – original time limit – restricts time for bringing a DDA claim to the primary 3 months period, . .
Cited – Lisboa v Realpubs Ltd and Others EAT 11-Jan-2011
lisboa_realpubsEAT11
EAT SEXUAL ORIENTATION DISCRIMINATION
Whether Respondent’s policy of encouraging a wider clientele at a formerly gay pub involved less favourable treatment of gay customers causing the Claimant to resign in . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Leading Case
Updated: 01 November 2021; Ref: scu.198853
