Awan v ICTS UK Ltd (Unfair Dismissal : implied term :variation :construction of term : disability Discrimination) [2018] UKEAT 0087_18_2311 (23 November 2018)

Awan v ICTS UK Ltd (Unfair Dismissal : implied term :variation :construction of term : disability Discrimination) [2018] UKEAT 0087_18_2311 (23 November 2018)

On a proper construction of the contract, a term is implied that once the employee is entitled to long-term disability benefits, the employer will not dismiss for incapacity so as to frustrate that entitlement. The Employment Tribunal erred in finding no such implied term. The findings of fair dismissal and proportionate means cannot stand and must be remitted for reconsideration.

Citation
[2018] UKEAT 0087_18_2311
Parties
Appellant/claimant: Mr Awan; Respondent/employer: American Airlines/Respondent
Jurisdiction
United Kingdom
Judgment Date
23 November 2018
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal Judgment With Remittal to Tribunal
Outcome
Appeal allowed in part, Employment Tribunal's findings on fairness and proportionality set aside, case remitted to a fresh tribunal for rehearing on specified questions.
Legal Topics
Implied Terms, Unfair Dismissal, Disability Discrimination, Long Term Disability Benefits, TUPE Transfer, Proportionate Means of Achieving Legitimate Aim
Employment Law Contract Law Equality Law Implied Terms Unfair Dismissal Disability Discrimination Long Term Disability Benefits TUPE Transfer +1 more

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Parties

Mr Awan

Appellant/claimant

American Airlines/Respondent

Respondent/employer

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal Judgment With Remittal to Tribunal

Legal Issues

  1. 1 Whether an implied term prevents dismissal for incapacity while entitled to long-term disability benefits
  2. 2 Whether dismissal was fair or a proportionate means of achieving a legitimate aim under Equality Act 2010 s.15
  3. 3 Whether there was evidence to support the finding that the employer would have dismissed in any event

Ratio Decidendi

On a proper construction of the contract, a term is implied that once the employee is entitled to long-term disability benefits, the employer will not dismiss for incapacity so as to frustrate that entitlement. The Employment Tribunal erred in finding no such implied term. The findings of fair dismissal and proportionate means cannot stand and must be remitted for reconsideration.

Court Disposition

Appeal allowed in part, Employment Tribunal's findings on fairness and proportionality set aside, case remitted to a fresh tribunal for rehearing on specified questions.

Orders

  • Remitted to a fresh tribunal to determine whether dismissal was fair or unfair in light of the implied term.
  • Remitted to determine whether dismissal was a proportionate means of achieving a legitimate aim.