Chumber v Hestia Healthcare Ltd [2019] UKEAT 0229_18_2202 (22 February 2019)

Chumber v Hestia Healthcare Ltd [2019] UKEAT 0229_18_2202 (22 February 2019)

The Employment Tribunal made material errors of law and fact regarding the Respondent's knowledge of the Claimant's protected disclosures and disability, and failed to address the wrongful dismissal claim. These errors undermine the Tribunal's findings on the reasons for dismissal and reasonable adjustments. The appeal is allowed and the matter is remitted for rehearing before a fresh Tribunal.

Citation
[2019] UKEAT 0229_18_2202
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
22 February 2019
Procedural Posture
Employment Appeal / Full Hearing
Outcome
Appeal allowed
Legal Topics
Victimisation, Whistleblowing, Disability Discrimination, Wrongful Dismissal, Reasonable Adjustments
Employment Law Discrimination Law Victimisation Whistleblowing Disability Discrimination Wrongful Dismissal Reasonable Adjustments

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Full Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law regarding knowledge of protected disclosures by the Respondent
  2. 2 Whether the Tribunal failed to address the wrongful dismissal claim
  3. 3 Whether the Tribunal erred in its findings on reasonable adjustments and knowledge of substantial disadvantage

Ratio Decidendi

The Employment Tribunal made material errors of law and fact regarding the Respondent's knowledge of the Claimant's protected disclosures and disability, and failed to address the wrongful dismissal claim. These errors undermine the Tribunal's findings on the reasons for dismissal and reasonable adjustments. The appeal is allowed and the matter is remitted for rehearing before a fresh Tribunal.

Court Disposition

Appeal allowed

Orders

  • Remitted to a fresh Employment Tribunal for rehearing on all three grounds: reasonable adjustments, wrongful dismissal, and protected disclosure dismissal.