Anderson v Anderson & Ors (UNFAIR DISMISSAL : Polkey Deduction) [2017] UKEAT 0013_16_1207 (12 July 2017)

Anderson v Anderson & Ors (UNFAIR DISMISSAL : Polkey Deduction) [2017] UKEAT 0013_16_1207 (12 July 2017)

The Tribunal was entitled to find that the claimant was unfairly dismissed due to the respondents' failure to follow any dismissal procedure, but the reason for dismissal was not disability but a breakdown in the relationship. The Tribunal's findings on the Polkey deduction and the Equality Act claims were supported by the evidence. No material errors of law or approach were identified. The appeal is dismissed.

Citation
[2017] UKEAT 0013_16_1207
Parties
Claimant: Mr Anderson (Claimant); Respondents: Mr and Mrs Anderson (Respondents)
Jurisdiction
United Kingdom
Judgment Date
12 July 2017
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Disability Discrimination, Reasonable Adjustments, Polkey Deduction, Direct Discrimination, Discrimination Arising From Disability
Employment Law Equality Law Unfair Dismissal Disability Discrimination Reasonable Adjustments Polkey Deduction Direct Discrimination Discrimination Arising From Disability

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Parties

Mr Anderson (Claimant)

Claimant

Mr and Mrs Anderson (Respondents)

Respondents

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed under the Employment Rights Act 1996
  2. 2 Whether the respondents failed to make reasonable adjustments under section 20 Equality Act 2010
  3. 3 Whether there was direct disability discrimination under section 13 Equality Act 2010

Ratio Decidendi

The Tribunal was entitled to find that the claimant was unfairly dismissed due to the respondents' failure to follow any dismissal procedure, but the reason for dismissal was not disability but a breakdown in the relationship. The Tribunal's findings on the Polkey deduction and the Equality Act claims were supported by the evidence. No material errors of law or approach were identified. The appeal is dismissed.

Court Disposition

Appeal dismissed