Hunter v Timber Components (UK) Ltd [2009] UKEAT 0025_09_1711 (17 November 2009)

Hunter v Timber Components (UK) Ltd [2009] UKEAT 0025_09_1711 (17 November 2009)

The Tribunal was entitled to find that the conduct complained of was not directed at the claimant and, viewed objectively, did not amount to a repudiatory breach of contract. The respondent did not know nor ought to have known of the claimant's disability at the relevant time, so no duty to make reasonable adjustments arose.

Citation
[2009] UKEAT 0025_09_1711
Parties
Appellant's Advocate: Mr A Hardman; Appellant's Instructing Solicitors: Russel & Aitken; Respondent's Representative: Mr J Cunningham; Respondent's Instructing Firm: Croner Consulting
Jurisdiction
United Kingdom
Judgment Date
17 November 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Constructive Dismissal, Disability Discrimination, Reasonable Adjustments
Employment Law Discrimination Law Unfair Dismissal Constructive Dismissal Disability Discrimination Reasonable Adjustments

Case Brief

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Parties

Mr A Hardman

Appellant's Advocate

Russel & Aitken

Appellant's Instructing Solicitors

Mr J Cunningham

Respondent's Representative

Croner Consulting

Respondent's Instructing Firm

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the claimant was constructively and unfairly dismissed
  2. 2 Whether the respondent failed to make reasonable adjustments under disability discrimination law

Ratio Decidendi

The Tribunal was entitled to find that the conduct complained of was not directed at the claimant and, viewed objectively, did not amount to a repudiatory breach of contract. The respondent did not know nor ought to have known of the claimant's disability at the relevant time, so no duty to make reasonable adjustments arose.

Court Disposition

Appeal dismissed

Orders

  • Order dismissing the appeal