Augustine Clement

Appeal concerning a Claimant’s complaints that they had been subject to direct discrimination on grounds of disability via their dismissal, amongst other issues including a failure to make reasonable adjustments and harassment relating to disability.

The Claimant had been dismissed by the Respondent and brought several claims under the Equality Act 2010. These claims were for direct discrimination on the ground of disability; discrimination due to something arising because of disability; failure to make reasonable adjustments; and harassment due to disability. The Employment Tribunal (ET) held that the complaint regarding direct discrimination on the ground of disability was well-founded: the Respondent had sufficient knowledge of the Claimant’s disability and this was a significant factor in the decision to dismiss him. The remaining complaints were dismissed as they were seen as either covered or rendered redundant by the success of the first complaint for direct discrimination. The Respondent appealed the decision.

The Employment Appeal Tribunal (EAT) dismissed the appeal. The ET had not misapplied the burden of proof by failing to consider the non-discriminatory reason it gave for dismissing the Claimant, nor had it failed to provide sufficient reasons for concluding that the burden of proof had not been discharged. The ET had sufficiently considered the issues prepared by the parties and correctly directed that a case management hearing occurs to ensure that a remedy hearing was effectively carried out. There had been no serious procedural irregularity on the part of the ET. The issues relating to a particularly disputed email was also thoroughly considered by the ET in so far as was possible based on the evidence before it, as was the identification of the date in which the Respondent became aware of the Claimant’s disability and the facts related to their disability.