Ishola v Transport for London (Disability Discrimination) [2018] UKEAT 0184_18_1611 (16 November 2018)

Ishola v Transport for London (Disability Discrimination) [2018] UKEAT 0184_18_1611 (16 November 2018)

The Tribunal erred materially only in its approach to the group disadvantage comparison for reasonable adjustments regarding erratic sick pay payments, failing to compare the impact on those with mental health disabilities to others. Other alleged errors, including in the proportionality and legitimate aim analysis, were not material to the outcome. The Tribunal was entitled to find no unfavourable treatment arising from disability in relation to sick pay payments, as the effective cause was administrative error, not disability.

Citation
[2018] UKEAT 0184_18_1611
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
16 November 2018
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part, remitted on one issue
Legal Topics
Disability Discrimination, Reasonable Adjustments, Unfair Dismissal, Indirect Discrimination, Section 15 Equality Act 2010, Employment Rights Act 1996
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Indirect Discrimination Section 15 Equality Act 2010 Employment Rights Act 1996

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Tribunal erred in its approach to reasonable adjustments regarding erratic sick pay payments
  2. 2 Whether the Tribunal erred in its analysis of legitimate aim and proportionality under section 15(1)(b) Equality Act 2010
  3. 3 Whether the Tribunal erred in finding no unfavourable treatment arising from disability in relation to sick pay payments

Ratio Decidendi

The Tribunal erred materially only in its approach to the group disadvantage comparison for reasonable adjustments regarding erratic sick pay payments, failing to compare the impact on those with mental health disabilities to others. Other alleged errors, including in the proportionality and legitimate aim analysis, were not material to the outcome. The Tribunal was entitled to find no unfavourable treatment arising from disability in relation to sick pay payments, as the effective cause was administrative error, not disability.

Court Disposition

Appeal allowed in part, remitted on one issue

Orders

  • The issue of group disadvantage in relation to erratic sick pay payments is remitted to the same Tribunal for reconsideration.
  • If either lay member is unavailable, the same judge will sit with two new lay members.