EAT Unfair Dismissal – DISABILITY DISCRIMINATION
A claim for unfair dismissal brought by a long-serving but disabled prison officer was upheld. The Tribunal found that the reason for dismissal had been ‘disability’. Even if it had been ‘capability’, it would have been procedurally unfair.
Additionally, the Tribunal found direct and indirect disability discrimination, disability related discrimination and failure to make reasonable adjustments. It awarded substantial compensation.
On the employer’s appeals:
HELD
(1) The appeal against the finding of liability would be dismissed. No error of law in the Tribunal’s Judgment had been made out.
(2) The appeal in respect of remedy would be allowed. The Tribunal’s findings in relation to past and future losses and pension losses could not be sustained and would be remitted.
Luba QC Rec
[2015] UKEAT 0363 – 14 – 1006
Bailii
England and Wales
Employment, Discrimination
Updated: 01 January 2022; Ref: scu.549017