Simmonds v Salisbury NHS Foundation Trust

Simmonds v Salisbury NHS Foundation Trust

The Employment Tribunal was entitled to find that the employer acted reasonably and lawfully in dismissing the appellant after all reasonable steps to resolve the working relationship had failed, and that there was no error of law or perversity in its decision. The Tribunal's findings on disability and the fairness of the hearing were also within its discretion and supported by evidence.

Parties
Appellant: Louise Simmonds; Respondent: Salisbury NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
14 June 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Reasonable Adjustments, Section 15 Equality Act 2010, Employment Tribunal Procedure
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Reasonable Adjustments Section 15 Equality Act 2010 Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Louise Simmonds

Appellant

Salisbury NHS Foundation Trust

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the dismissal of the appellant constituted disability discrimination under the Equality Act 2010
  2. 2 Whether the employer failed to make reasonable adjustments for the appellant's disability
  3. 3 Whether the dismissal was unfair under employment law

Ratio Decidendi

The Employment Tribunal was entitled to find that the employer acted reasonably and lawfully in dismissing the appellant after all reasonable steps to resolve the working relationship had failed, and that there was no error of law or perversity in its decision. The Tribunal's findings on disability and the fairness of the hearing were also within its discretion and supported by evidence.

Court Disposition

appeal dismissed