Centrepoint Soho Ltd v. Omaboe (Unfair Dismissal : Disability Discrimination) [2018] UKEAT 0129_17_3001 (30 January 2018)

Centrepoint Soho Ltd v. Omaboe (Unfair Dismissal : Disability Discrimination) [2018] UKEAT 0129_17_3001 (30 January 2018)

The procedural unfairness at the dismissal stage was cured by the appeal process, as the employee had the opportunity at appeal to present her case and evidence. The Tribunal erred in upholding a section 15 Equality Act 2010 claim based on the manner/timing of dismissal, as this was not the pleaded or argued case, and the employer had no notice of such a claim.

Citation
[2018] UKEAT 0129_17_3001
Parties
Appellant Employer: Centrepoint; Respondent Employee: Ms Omaboe
Jurisdiction
United Kingdom
Judgment Date
30 January 2018
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; claims of unfair dismissal and section 15 discrimination dismissed.
Legal Topics
Unfair Dismissal, Disability Discrimination, Procedural Fairness, Section 15 Equality Act 2010
Employment Law Discrimination Law Unfair Dismissal Disability Discrimination Procedural Fairness Section 15 Equality Act 2010

Case Brief

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Parties

Centrepoint

Appellant Employer

Ms Omaboe

Respondent Employee

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the procedural unfairness at the dismissal stage was cured by the appeal process for the purposes of unfair dismissal under section 98(4) Employment Rights Act 1996
  2. 2 Whether the Employment Tribunal erred in upholding a section 15 Equality Act 2010 claim based on the manner/timing of dismissal when the pleaded case was limited to the fact of dismissal

Ratio Decidendi

The procedural unfairness at the dismissal stage was cured by the appeal process, as the employee had the opportunity at appeal to present her case and evidence. The Tribunal erred in upholding a section 15 Equality Act 2010 claim based on the manner/timing of dismissal, as this was not the pleaded or argued case, and the employer had no notice of such a claim.

Court Disposition

Appeal allowed; claims of unfair dismissal and section 15 discrimination dismissed.

Orders

  • The findings of unfair dismissal and section 15 discrimination are set aside.
  • The claims of unfair dismissal and section 15 discrimination are dismissed.