General Dynamics Information Technology Ltd v Carranza [2014] UKEAT 0107_14_1010 (10 October 2014)

General Dynamics Information Technology Ltd v Carranza [2014] UKEAT 0107_14_1010 (10 October 2014)

The Employment Tribunal erred in law by failing to identify a practical 'step' as required by section 20(3) of the Equality Act 2010 and by requiring the employer to disregard or review the final written warning in circumstances where there was no legal basis to do so. The dismissal was not unfair as the employer was entitled to rely on the final written warning, which was properly issued.

Citation
[2014] UKEAT 0107_14_1010
Parties
Appellant/respondent: General Dynamics Information Technology Ltd; Respondent/claimant: Mr Andy Carranza
Jurisdiction
United Kingdom
Judgment Date
10 October 2014
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; findings of disability discrimination and unfair dismissal set aside.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Unfair Dismissal, Procedural Fairness
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Procedural Fairness

Case Brief

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Parties

General Dynamics Information Technology Ltd

Appellant/respondent

Mr Andy Carranza

Respondent/claimant

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the employer breached the duty to make reasonable adjustments under the Equality Act 2010 by failing to disregard a final written warning related to disability-related absences
  2. 2 Whether the dismissal of the claimant was unfair due to procedural defects, specifically the failure to review the final written warning

Ratio Decidendi

The Employment Tribunal erred in law by failing to identify a practical 'step' as required by section 20(3) of the Equality Act 2010 and by requiring the employer to disregard or review the final written warning in circumstances where there was no legal basis to do so. The dismissal was not unfair as the employer was entitled to rely on the final written warning, which was properly issued.

Court Disposition

Appeal allowed; findings of disability discrimination and unfair dismissal set aside.

Orders

  • The appeal is allowed.
  • The findings of disability discrimination and unfair dismissal are set aside.