T Duncan v Fujitsu Services Ltd
The Employment Tribunal properly considered the indirect causation between the claimant's disability and his conduct, applied the correct legal principles, and objectively assessed proportionality, concluding dismissal was justified in pursuit of legitimate aims despite some conduct arising from disability.
Source-derived case information.
- Parties
- Appellant: Mr T Duncan; Respondent: Fujitsu Services Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 04 August 2025
- Procedural Posture
- Employment Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Discrimination Arising From Disability, Proportionality, Legitimate Aims, Justification Defence, Unfair Dismissal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr T Duncan
Appellant
Fujitsu Services Ltd
Respondent
Procedural Posture
Employment Appeal / Judgment
Legal Issues
- 1 Whether the use of inappropriate language arose directly from the claimant's disability
- 2 Whether dismissal was a proportionate means of achieving a legitimate aim under section 15(1)(b) Equality Act 2010
Ratio Decidendi
The Employment Tribunal properly considered the indirect causation between the claimant's disability and his conduct, applied the correct legal principles, and objectively assessed proportionality, concluding dismissal was justified in pursuit of legitimate aims despite some conduct arising from disability.
Court Disposition
appeal dismissed
Full Case Text
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