Allianz Cornhill Engineering v Fidler [2005] UKEAT 0723_04_1205 (12 May 2005)

Allianz Cornhill Engineering v Fidler [2005] UKEAT 0723_04_1205 (12 May 2005)

The Employment Tribunal failed to properly address and make findings on the key issues of reasonable adjustments, direct discrimination, and constructive dismissal, and did not adequately analyze the expert evidence or the justification defence. The Tribunal's decision on victimization was upheld as the relevant decision-maker lacked knowledge of protected acts and acted in accordance with company policy.

Citation
[2005] UKEAT 0723_04_1205
Parties
Appellant/respondent: Allianz Cornhill Engineering Ltd; Respondent/appellant/claimant: Mr Fidler
Jurisdiction
United Kingdom
Judgment Date
12 May 2005
Procedural Posture
Employment Appeal Tribunal / Appeal and Cross Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; cross-appeal dismissed; case remitted for rehearing on all issues except victimization.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Constructive Dismissal, Victimization, Unfair Dismissal, Compromise Agreements
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Constructive Dismissal Victimization Unfair Dismissal Compromise Agreements

Case Brief

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Parties

Allianz Cornhill Engineering Ltd

Appellant/respondent

Mr Fidler

Respondent/appellant/claimant

Procedural Posture

Employment Appeal Tribunal / Appeal and Cross Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal properly addressed the complaints of disability discrimination under section 5(2) Disability Discrimination Act 1995 (DDA)
  2. 2 Whether the Tribunal properly considered the claim of direct discrimination under section 5(1) DDA
  3. 3 Whether the Tribunal properly analyzed the claim of constructive unfair dismissal

Ratio Decidendi

The Employment Tribunal failed to properly address and make findings on the key issues of reasonable adjustments, direct discrimination, and constructive dismissal, and did not adequately analyze the expert evidence or the justification defence. The Tribunal's decision on victimization was upheld as the relevant decision-maker lacked knowledge of protected acts and acted in accordance with company policy.

Court Disposition

Appeal allowed; cross-appeal dismissed; case remitted for rehearing on all issues except victimization.

Orders

  • Remit the first four issues (reasonable adjustments, direct discrimination, constructive dismissal, unfair dismissal) to a fresh Employment Tribunal for rehearing.
  • Dismiss the cross-appeal on victimization; Tribunal's decision on this point stands.