Carter v. London Underground Ltd & Anor [2009] UKEAT 0292_08_0805 (8 May 2009)

Carter v. London Underground Ltd & Anor [2009] UKEAT 0292_08_0805 (8 May 2009)

The House of Lords decision in Malcolm overruled Clark v Novacold, requiring the comparator in disability discrimination claims to be a person in the same circumstances but not disabled. Applying this, the Appellant could not establish less favourable treatment. The Tribunal also erred in holding it had no...

Source-derived case information.

Citation
[2009] UKEAT 0292_08_0805
Parties
Appellant: Appellant (Mr Carter); Respondent: London Underground Ltd
Jurisdiction
United Kingdom
Judgment Date
08 May 2009
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Disability Discrimination, Unfair Dismissal, Extension of Time, Just and Equitable Jurisdiction, Reasonableness of Dismissal
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Extension of Time Just and Equitable Jurisdiction Reasonableness of Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant (Mr Carter)

Appellant

London Underground Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to disability discrimination following London Borough of Lewisham v Malcolm
  2. 2 Whether the Tribunal erred in holding it had no jurisdiction to extend time for part of the disability discrimination claim
  3. 3 Whether the dismissal was unfair in light of the employer's failure to notify the claimant of a vacancy

Ratio Decidendi

The House of Lords decision in Malcolm overruled Clark v Novacold, requiring the comparator in disability discrimination claims to be a person in the same circumstances but not disabled. Applying this, the Appellant could not establish less favourable treatment. The Tribunal also erred in holding it had no jurisdiction to extend time, but this did not affect the outcome as the discrimination claim failed on the merits. The dismissal was within the range of reasonable responses given the Appellant's prolonged absence and lack of a return date, and the employer's efforts to find alternative employment were sufficient.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • Appellant's claims of disability discrimination dismissed in entirety
  • Appeal against dismissal of unfair dismissal claim dismissed