Wheatstone v Blakeney News Food and Wine Ltd & Ors (DISABILITY DISCRIMINATION) [2020] UKEAT 0287_19_1102 (11 February 2020)

Wheatstone v Blakeney News Food and Wine Ltd & Ors (DISABILITY DISCRIMINATION) [2020] UKEAT 0287_19_1102 (11 February 2020)

The Employment Tribunal was entitled, on the medical evidence before it, to find that the claimant's absence was due to work-related stress and not her disability (epilepsy), and therefore the unfavourable treatment did not arise in consequence of the disability.

Citation
[2020] UKEAT 0287_19_1102
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
11 February 2020
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Section 15 Equality Act 2010
Employment Law Equality Law Disability Discrimination Unfair Dismissal Section 15 Equality Act 2010

Case Brief

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Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant's sickness absence was something arising in consequence of her disability (epilepsy) under Section 15 Equality Act 2010
  2. 2 Whether the Employment Tribunal erred in law in finding no causal link between the disability and the absence

Ratio Decidendi

The Employment Tribunal was entitled, on the medical evidence before it, to find that the claimant's absence was due to work-related stress and not her disability (epilepsy), and therefore the unfavourable treatment did not arise in consequence of the disability.

Court Disposition

Appeal dismissed