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England and Wales decisions
Decisions matching the current search
The EAT dismissed an employee’s disability discrimination appeal, upholding findings that redeployment, training, delay, or helpdesk placement were not reasonable adjustments.
The appeals were allowed by consent as the respondent accepted that allegations of dishonesty and scandalous conduct were incorrectly made and Tribunal findings were incorrect; claims were dismissed following settlement.
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Higgs v Farmor's School [2025] EWCA Civ 109 (12 February 2025)
The Court of Appeal held that Ms Higgs’s dismissal was unlawfully discriminatory because it was disproportionate, and the appeal from the EAT was allowed.
Where an employee objects to a TUPE transfer in circumstances involving a substantial change in working conditions to his material detriment but does not elect to treat the contract as terminated, the contract does not transfer to the transferee; instead, the contract is terminated by operation of law with the transferor, who is treated as having dismissed the employee, and any remedy lies against the transferor only.
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The Tribunal's decision dismissing the victimisation complaint regarding dismissal was not perverse or insufficiently reasoned. However, the decision regarding the failure to progress the internal appeal was not Meek-compliant, as the Tribunal failed to make a clear finding as to the reason for Mr Nagra's inaction or whether the burden of proof shifted. This aspect is remitted for further consideration.
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The tribunal was entitled to find, based on the evidence and corroboration by Mr Watson, that Mr Husband did not know of the claimant's protected disclosures before the decision to dismiss; the dismissal was for redundancy and not whistleblowing.
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The Employment Appeal Tribunal held that an indirect sex discrimination claim was wrongly struck out because dismissal could be a consequence of the PCP relied on.
The EAT dismissed an employer’s appeal, holding that the tribunal properly found dismissal of a disabled employee disproportionate under section 15 EqA.
Kapoor v Mizuho International Plc [2022] EWHC 820 (QB) (08 April 2022)
The High Court granted summary judgment and strike out on most of Mr Kapoor’s claims, finding they were vague, unsupported, time-barred in part, and barred by the Johnson exclusion zone.
The High Court struck out most of a former employee’s claim against Mizuho, finding it lacked evidence, fell within the Johnson exclusion zone, and was largely time-barred.
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