Hibbert v The Home Office & Ors (Disability Discrimination) [2013] UKEAT 0138_13_2410 (24 October 2013)

Hibbert v The Home Office & Ors (Disability Discrimination) [2013] UKEAT 0138_13_2410 (24 October 2013)

The dismissal was unfair due to procedural failings, including failure to postpone the disciplinary hearing to await an occupational health report, but was not discriminatory under the Equality Act 2010 as the act of misconduct occurred when the claimant was not disabled and no substantial disadvantage was established at the hearing.

Citation
[2013] UKEAT 0138_13_2410
Parties
Claimant/appellant: Dr Hibbett; Respondent: Home Office
Jurisdiction
United Kingdom
Judgment Date
24 October 2013
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part, otherwise dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Reasonable Adjustments, Gross Misconduct, Procedural Fairness
Employment Law Equality Law Disability Discrimination Unfair Dismissal Reasonable Adjustments Gross Misconduct 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 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dr Hibbett

Claimant/appellant

Home Office

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the dismissal of the claimant was discriminatory under the Equality Act 2010 due to her disability
  2. 2 Whether the employer failed to make reasonable adjustments by not postponing the disciplinary hearing
  3. 3 Whether the dismissal was unfair for procedural reasons

Ratio Decidendi

The dismissal was unfair due to procedural failings, including failure to postpone the disciplinary hearing to await an occupational health report, but was not discriminatory under the Equality Act 2010 as the act of misconduct occurred when the claimant was not disabled and no substantial disadvantage was established at the hearing.

Court Disposition

Appeal allowed in part, otherwise dismissed

Orders

  • Finding that failure to postpone the disciplinary hearing was a breach of the duty to make reasonable adjustments
  • No alteration to remedy or compensation likely as a result of this finding