Department of Work and Pensions v Boyers (DISABILITY DISCRIMINATION) [2020] UKEAT 0282_19_2406 (24 June 2020)

Department of Work and Pensions v Boyers (DISABILITY DISCRIMINATION) [2020] UKEAT 0282_19_2406 (24 June 2020)

The Employment Tribunal erred in law by basing its proportionality analysis on the actions and thought-processes of the Respondent's managers rather than objectively balancing the needs of the Respondent (legitimate aims) against the discriminatory impact on the Claimant; the proportionality assessment must be redetermined.

Citation
[2020] UKEAT 0282_19_2406
Parties
Applicant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
24 June 2020
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal allowed; Employment Tribunal's finding of discrimination set aside; claim remitted for redetermination.
Legal Topics
Disability Discrimination, Unfair Dismissal, Justification Defence, Proportionality Assessment
Employment Law Equality Law Disability Discrimination Unfair Dismissal Justification Defence Proportionality Assessment

Case Brief

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Parties

Claimant

Applicant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether dismissal constituted discrimination arising from disability under section 15 Equality Act 2010
  2. 2 Whether dismissal was a proportionate means of achieving legitimate aims
  3. 3 Whether Employment Tribunal erred in law by focusing on decision-making process rather than objective balancing

Ratio Decidendi

The Employment Tribunal erred in law by basing its proportionality analysis on the actions and thought-processes of the Respondent's managers rather than objectively balancing the needs of the Respondent (legitimate aims) against the discriminatory impact on the Claimant; the proportionality assessment must be redetermined.

Court Disposition

Appeal allowed; Employment Tribunal's finding of discrimination set aside; claim remitted for redetermination.

Orders

  • Remit claim under section 15 Equality Act 2010 to same Employment Tribunal for fresh proportionality assessment.