Secretary Of State For Justice & Anor v Dunn (Disability Discrimination : Disability related discrimination) [2017] UKEAT 0234_16_2701 (27 January 2017)

Secretary Of State For Justice & Anor v Dunn (Disability Discrimination : Disability related discrimination) [2017] UKEAT 0234_16_2701 (27 January 2017)

The Tribunal erred in law by finding direct discrimination and discrimination arising from disability without identifying primary facts or evidence to justify shifting the burden of proof or to support inferences of less favourable treatment because of disability. The Tribunal failed to address causation, justification, and made findings on a basis not pleaded or advanced at hearing. There was no evidence from which a properly directed tribunal could infer that the impugned treatment was because of the Claimant's disability or something arising from it. The only lawful conclusion is that there was no unlawful discrimination.

Citation
[2017] UKEAT 0234_16_2701
Parties
Claimant: Dr Dunn; Respondents: Secretary of State for Justice, Ministry of Justice, HM Inspectorate of Prisons
Jurisdiction
United Kingdom
Judgment Date
27 January 2017
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal allowed. Findings of discrimination set aside. Finding of no discrimination substituted.
Legal Topics
Disability Discrimination, Burden of Proof, Direct Discrimination, Discrimination Arising From Disability, Reasonable Adjustments, Objective Justification
Employment Law Equality Law Disability Discrimination Burden of Proof Direct Discrimination Discrimination Arising From Disability Reasonable Adjustments Objective Justification

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Parties

Dr Dunn

Claimant

Secretary of State for Justice, Ministry of Justice, HM Inspectorate of Prisons

Respondents

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding direct disability discrimination and discrimination arising from disability under the Equality Act 2010 sections 13 and 15.
  2. 2 Whether the burden of proof was properly shifted to the Respondents.
  3. 3 Whether the Tribunal failed to address causation and justification adequately.

Ratio Decidendi

The Tribunal erred in law by finding direct discrimination and discrimination arising from disability without identifying primary facts or evidence to justify shifting the burden of proof or to support inferences of less favourable treatment because of disability. The Tribunal failed to address causation, justification, and made findings on a basis not pleaded or advanced at hearing. There was no evidence from which a properly directed tribunal could infer that the impugned treatment was because of the Claimant's disability or something arising from it. The only lawful conclusion is that there was no unlawful discrimination.

Court Disposition

Appeal allowed. Findings of discrimination set aside. Finding of no discrimination substituted.

Orders

  • The findings of unlawful direct discrimination and discrimination arising from disability are set aside.
  • A finding of no discrimination is substituted.