Ahmed v The Cardinal Hume Academies (Disability : Harassment) [2019] UKEAT 0096_18_2102 (21 February 2019)

Ahmed v The Cardinal Hume Academies (Disability : Harassment) [2019] UKEAT 0096_18_2102 (21 February 2019)

The Tribunal did not err in law in its approach to harassment under s.26 EqA; it properly considered all statutory factors and was entitled to find that it was not reasonable to regard the conduct as harassment. The Tribunal also did not err in its approach to direct discrimination, as the suspension was due to the effect of the impairment, not the disability itself.

Citation
[2019] UKEAT 0096_18_2102
Parties
Appellant: Claimant (Appellant); Respondent: Respondent (School)
Jurisdiction
United Kingdom
Judgment Date
21 February 2019
Procedural Posture
Employment Appeal / Appeal From Central London Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Harassment, Constructive Dismissal, Direct Discrimination, Equality Act 2010
Employment Law Equality Law Disability Discrimination Harassment Constructive Dismissal Direct Discrimination Equality Act 2010

Case Brief

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Parties

Claimant (Appellant)

Appellant

Respondent (School)

Respondent

Procedural Posture

Employment Appeal / Appeal From Central London Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Tribunal erred in its approach to harassment under s.26 Equality Act 2010
  2. 2 Whether the Tribunal erred in its approach to direct disability discrimination under s.13 Equality Act 2010
  3. 3 Whether there was a breach of the implied term of mutual trust and confidence

Ratio Decidendi

The Tribunal did not err in law in its approach to harassment under s.26 EqA; it properly considered all statutory factors and was entitled to find that it was not reasonable to regard the conduct as harassment. The Tribunal also did not err in its approach to direct discrimination, as the suspension was due to the effect of the impairment, not the disability itself.

Court Disposition

Appeal dismissed