EAT Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason – DISABILITY DISCRIMINATION – Disability related discrimination – CONTRACT OF EMPLOYMENT – Wrongful dismissal
The Employment Tribunal was entitled to find that the Claimant’s dismissal, albeit procedurally unfair, was substantively fair by reason of his misconduct, notwithstanding a separate finding that his demotion constituted discrimination arising from disability contrary to section 15 of the Equality Act 2010. Further, that his wrongful dismissal claim failed by reason of his misconduct in refusing to perform any work which he was capable of doing and which fell within his contractual job description.
Appeal dismissed.
Peter Clark HHJ
[2015] UKEAT 0336 – 14 – 2409
Bailii
England and Wales
Employment
Updated: 04 January 2022; Ref: scu.552700
