Simpson v. Secretary of State for Justice [2018] UKEAT 0274_17_2903 (29 March 2018)

Simpson v. Secretary of State for Justice [2018] UKEAT 0274_17_2903 (29 March 2018)

The Employment Tribunal erred in law by failing to engage with the Claimant's case that the Respondent did not make reasonable adjustments in late 2015 and early 2016, specifically regarding the requirement to undertake Court duties and the failure to consider alternative roles such as Victim Liaison Officer. This failure undermined the Tribunal's conclusions on both the reasonable adjustments and constructive dismissal claims, rendering its decision unsafe.

Citation
[2018] UKEAT 0274_17_2903
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
29 March 2018
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Constructive Dismissal, Unfair Dismissal
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Constructive Dismissal Unfair Dismissal

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal properly engaged with all aspects of the reasonable adjustments claim under sections 20 and 21 Equality Act 2010
  2. 2 Whether the Employment Tribunal correctly approached the constructive unfair dismissal claim under section 95 Employment Rights Act 1996

Ratio Decidendi

The Employment Tribunal erred in law by failing to engage with the Claimant's case that the Respondent did not make reasonable adjustments in late 2015 and early 2016, specifically regarding the requirement to undertake Court duties and the failure to consider alternative roles such as Victim Liaison Officer. This failure undermined the Tribunal's conclusions on both the reasonable adjustments and constructive dismissal claims, rendering its decision unsafe.

Court Disposition

Appeal allowed

Orders

  • Case remitted to a differently constituted Employment Tribunal for rehearing