A Booth v Delstar International Ltd

A Booth v Delstar International Ltd

The Employment Tribunal erred in law by inconsistently defining the 'something arising' in consequence of disability and by failing to consider multiple causes in its section 15 analysis, resulting in irreconcilable conclusions on the delay and dismissal claims. The Tribunal also erred in its section 19 analysis by comparing disabled and non-disabled persons rather than those sharing the claimant’s disability with those who do not, failing to properly assess group disadvantage. Both the appeal and cross-appeal succeed and the relevant claims are remitted to the Employment Tribunal for reconsideration.

Parties
Appellant/respondent: Mr A Booth; Respondent/appellant: Delstar International Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Judgment
Outcome
Appeal and cross-appeal allowed; Employment Tribunal’s conclusions on section 15 and section 19 claims set aside and remitted for reconsideration.
Legal Topics
Disability Discrimination, Indirect Discrimination, Discrimination Arising From Disability, Causation in Discrimination Claims
Employment Law Equality Law Disability Discrimination Indirect Discrimination Discrimination Arising From Disability Causation in Discrimination Claims

Case Brief

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Parties

Mr A Booth

Appellant/respondent

Delstar International Limited

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its causation analysis under section 15 Equality Act 2010 for both delay and dismissal claims
  2. 2 Whether the Employment Tribunal erred in its approach to group disadvantage under section 19 Equality Act 2010 (indirect discrimination)

Ratio Decidendi

The Employment Tribunal erred in law by inconsistently defining the 'something arising' in consequence of disability and by failing to consider multiple causes in its section 15 analysis, resulting in irreconcilable conclusions on the delay and dismissal claims. The Tribunal also erred in its section 19 analysis by comparing disabled and non-disabled persons rather than those sharing the claimant’s disability with those who do not, failing to properly assess group disadvantage. Both the appeal and cross-appeal succeed and the relevant claims are remitted to the Employment Tribunal for reconsideration.

Court Disposition

Appeal and cross-appeal allowed; Employment Tribunal’s conclusions on section 15 and section 19 claims set aside and remitted for reconsideration.

Orders

  • The Employment Tribunal’s decisions on the section 15 Equality Act 2010 delay and dismissal claims are set aside and remitted for reconsideration.
  • The Employment Tribunal’s decision on the section 19 Equality Act 2010 indirect discrimination claim is set aside and remitted for reconsideration.