Jakkhu v Network Rail Infrastructure Ltd [2019] UKEAT 0276_18_0208 (02 August 2019)

Jakkhu v Network Rail Infrastructure Ltd [2019] UKEAT 0276_18_0208 (02 August 2019)

The Employment Tribunal erred in its approach to the Claimant's complaint of detriment in respect of his dismissal on 24 September 2014 by failing to treat the dismissal as a detriment and not properly applying the burden of proof under the Equality Act 2010. The appeal is allowed on this issue and remitted to the same Employment Tribunal for reconsideration. The ET's decisions on the failure to offer a permanent role and the grievance investigation were permissible and those grounds of appeal are dismissed.

Citation
[2019] UKEAT 0276_18_0208
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
02 August 2019
Procedural Posture
Employment Appeal Tribunal Disability Discrimination and Victimisation / Appeal From Employment Tribunal Judgment, Remittal Ordered on One Issue
Outcome
Appeal allowed in part; remitted to same Employment Tribunal for reconsideration of the dismissal issue; other grounds dismissed.
Legal Topics
Disability Discrimination, Direct Discrimination, Victimisation, Burden of Proof, Remittal, Detriment, Reasonable Adjustments
Employment Law Equality Law Disability Discrimination Direct Discrimination Victimisation Burden of Proof Remittal Detriment +1 more

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal Disability Discrimination and Victimisation / Appeal From Employment Tribunal Judgment, Remittal Ordered on One Issue

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to the Claimant's complaint of detriment in respect of his dismissal on 24 September 2014
  2. 2 Whether the ET properly applied the burden of proof under the Equality Act 2010
  3. 3 Whether the ET erred in rejecting the Claimant's complaint regarding failure to offer a permanent role

Ratio Decidendi

The Employment Tribunal erred in its approach to the Claimant's complaint of detriment in respect of his dismissal on 24 September 2014 by failing to treat the dismissal as a detriment and not properly applying the burden of proof under the Equality Act 2010. The appeal is allowed on this issue and remitted to the same Employment Tribunal for reconsideration. The ET's decisions on the failure to offer a permanent role and the grievance investigation were permissible and those grounds of appeal are dismissed.

Court Disposition

Appeal allowed in part; remitted to same Employment Tribunal for reconsideration of the dismissal issue; other grounds dismissed.

Orders

  • Remit to same Employment Tribunal for reconsideration of the detriment arising from the dismissal on 24 September 2014.
  • Other grounds of appeal dismissed.