Smith v Intelling Ltd (Disability Discrimination) [2020] UKEAT 0307_19_1112 (11 December 2020)

Smith v Intelling Ltd (Disability Discrimination) [2020] UKEAT 0307_19_1112 (11 December 2020)

It was not perverse for the Employment Tribunal to make findings as to the true reason for dismissal, which was redundancy and not connected to disability. The Tribunal was entitled to reach its conclusion without explicit reference to section 136 Equality Act 2010, as it made positive findings based on the evidence.

Source-derived case information.

Citation
[2020] UKEAT 0307_19_1112
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
11 December 2020
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Disability Discrimination, Burden of Proof, Redundancy, Dismissal
Employment Law Discrimination Law Disability Discrimination Burden of Proof Redundancy Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to apply section 136 Equality Act 2010 regarding burden of proof
  2. 2 Whether the finding that dismissal was based on certain rankings articulated in an email was perverse and unsupported by evidence

Ratio Decidendi

It was not perverse for the Employment Tribunal to make findings as to the true reason for dismissal, which was redundancy and not connected to disability. The Tribunal was entitled to reach its conclusion without explicit reference to section 136 Equality Act 2010, as it made positive findings based on the evidence.

Court Disposition

appeal dismissed