EAT Disability Discrimination: Disability Related Discrimination – Reasonable adjustments – UNFAIR DISMISSAL – Reasonableness of dismissal – The Tribunal below was required under a decision of the Appeal Tribunal, subsequently (after the Tribunal’s decision) found by the Court of Appeal to have been in error, to apply the wrong comparison when determining claims for breach of the duty to make reasonable adjustments.
Those issues that may have been decided differently must be remitted to the same Tribunal for reconsideration in the light of the Court of Appeal’s decision in Griffiths v Secretary of State for Work and Pensions [2016] IRLR 216. That included the Appellant’s claim under section 15 of the Equality Act 2010 for discrimination constituting unfavourable treatment because of something arising in consequence of a disability.
The Tribunal had erred by failing to consider the Appellant’s unfair dismissal claim independently of her claims for disability discrimination. Dismissal for a discriminatory reason is not necessarily unfair; whether it is or not depends on application of the tests in section 98 of the Employment Rights Act 1996.
Kerr J
[2016] UKEAT 0079 – 16 – 2806
Bailii
England and Wales
Employment, Discrimination
Updated: 19 January 2022; Ref: scu.566915
