UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
CONTRACT OF EMPLOYMENT – Wrongful dismissal
DISABILITY DISCRIMINATION – Direct disability discrimination
The Employment Tribunal (‘ET’) was entitled to conclude that the Respondent had established a conduct reason for dismissal on account of the Claimant before the ET’s gross negligence. The reason had not been mislabelled by the Tribunal and its finding of not unfair dismissal stands.
The Tribunal was also entitled to conclude that the Claimant had not been wrongfully dismissed on the evidence before it and on its findings of fact.
There was no error in the Tribunal’s approach to the comparator exercise both in considering disparity of treatment for the purposes of the unfair dismissal claim and for the exercise of the statutory comparison under section 23 Equality Act 2010 in considering the Claimant’s complaint of direct discrimination.
Employment Tribunal decision upheld.
Citations:
[2018] UKEAT 0275 – 17 – 0111
Links:
Jurisdiction:
England and Wales
Employment
Updated: 30 June 2022; Ref: scu.630737
