Rothwell v. Pelikan Hardcopy Scotland Ltd [2005] UKEAT 0008_05_2309 (23 September 2005)

Rothwell v. Pelikan Hardcopy Scotland Ltd [2005] UKEAT 0008_05_2309 (23 September 2005)

The respondent's failure to consult with the claimant prior to deciding to dismiss him constituted a failure to make a reasonable adjustment under the Disability Discrimination Act 1995 and rendered the dismissal both discriminatory and unfair.

Citation
[2005] UKEAT 0008_05_2309
Parties
Appellant: Claimant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
23 September 2005
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; findings of discrimination and unfair dismissal substituted for tribunal's decision; case remitted for remedies hearing.
Legal Topics
Disability Discrimination, Unfair Dismissal, Reasonable Adjustments, Procedural Fairness
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Reasonable Adjustments Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Claimant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the respondent failed to make reasonable adjustments by not consulting the claimant prior to dismissal
  2. 2 Whether the dismissal was unfair due to lack of consultation

Ratio Decidendi

The respondent's failure to consult with the claimant prior to deciding to dismiss him constituted a failure to make a reasonable adjustment under the Disability Discrimination Act 1995 and rendered the dismissal both discriminatory and unfair.

Court Disposition

Appeal allowed; findings of discrimination and unfair dismissal substituted for tribunal's decision; case remitted for remedies hearing.

Orders

  • Appeal upheld
  • Finding of discrimination contrary to the Disability Discrimination Act 1995