Fox v British Airways Plc (Practice and Procedure: Disposal of appeal including remission) [2015] UKEAT 0315_14_0209 (02 September 2015)

Fox v British Airways Plc (Practice and Procedure: Disposal of appeal including remission) [2015] UKEAT 0315_14_0209 (02 September 2015)

On the disability discrimination claim, the ET’s findings of fact permit only one conclusion: the claim must be dismissed. On the unfair dismissal claim, the matter must be remitted to the same ET for reconsideration of whether dismissal was fair given material change in circumstances.

Citation
[2015] UKEAT 0315_14_0209
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
02 September 2015
Procedural Posture
Employment Appeal / Disposal Hearing
Outcome
Disability discrimination claim dismissed; unfair dismissal claim remitted to same ET for reconsideration.
Legal Topics
Disability Discrimination, Unfair Dismissal, Reasonable Adjustments, Remission Procedure
Employment Law Disability Discrimination Unfair Dismissal Reasonable Adjustments Remission Procedure

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Disposal Hearing

Legal Issues

  1. 1 Whether the ET erred in dismissing the disability discrimination (reasonable adjustments) claim
  2. 2 Whether the ET failed to engage with the Claimant’s case on unfair dismissal regarding material change in circumstances
  3. 3 Whether the matter should be remitted to the same or a different ET

Ratio Decidendi

On the disability discrimination claim, the ET’s findings of fact permit only one conclusion: the claim must be dismissed. On the unfair dismissal claim, the matter must be remitted to the same ET for reconsideration of whether dismissal was fair given material change in circumstances.

Court Disposition

Disability discrimination claim dismissed; unfair dismissal claim remitted to same ET for reconsideration.

Orders

  • Disability discrimination claim dismissed.
  • Unfair dismissal claim remitted to same ET for reconsideration.