Baldeh v Churches Housing Association of Dudley & District Ltd [2019] UKEAT 0290_18_1103 (11 March 2019)

Baldeh v Churches Housing Association of Dudley & District Ltd [2019] UKEAT 0290_18_1103 (11 March 2019)

The Employment Tribunal erred in law by failing to consider whether the respondent acquired knowledge of the claimant's disability before the appeal decision, by failing to consider evidence that the claimant's behaviour arose from her disability, by applying an incorrect causation test, and by failing to properly address the justification defence under section 15(1)(b) Equality Act 2010. The appeal decision formed part of the unfavourable treatment and must be considered by a fresh Tribunal.

Citation
[2019] UKEAT 0290_18_1103
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
11 March 2019
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment, Remitted for Rehearing
Outcome
Appeal allowed; case remitted to a fresh Employment Tribunal for rehearing on specified issues.
Legal Topics
Disability Discrimination, Section 15 Equality Act 2010, Constructive Knowledge, Justification Defence, Unfair Dismissal
Employment Law Equality Law Disability Discrimination Section 15 Equality Act 2010 Constructive Knowledge Justification Defence Unfair Dismissal

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment, Remitted for Rehearing

Legal Issues

  1. 1 Whether the respondent had actual or constructive knowledge of the claimant's disability at the relevant time
  2. 2 Whether the claimant's behaviour arose in consequence of her disability
  3. 3 Whether the behaviour materially influenced the dismissal

Ratio Decidendi

The Employment Tribunal erred in law by failing to consider whether the respondent acquired knowledge of the claimant's disability before the appeal decision, by failing to consider evidence that the claimant's behaviour arose from her disability, by applying an incorrect causation test, and by failing to properly address the justification defence under section 15(1)(b) Equality Act 2010. The appeal decision formed part of the unfavourable treatment and must be considered by a fresh Tribunal.

Court Disposition

Appeal allowed; case remitted to a fresh Employment Tribunal for rehearing on specified issues.

Orders

  • The appeal is allowed on all four grounds.
  • The issue whether the respondent's rejection of the claimant's appeal against dismissal was an act of discrimination under section 15 Equality Act 2010, and if so, what compensation (if any) is due, is remitted to a fresh Employment Tribunal.