Scott v Kenton Schools Academy Trust (DISABILITY DISCRIMINATION : UNFAIR DISMISSAL) [2019] UKEAT 0031_19_3009 (30 September 2019)

Scott v Kenton Schools Academy Trust (DISABILITY DISCRIMINATION : UNFAIR DISMISSAL) [2019] UKEAT 0031_19_3009 (30 September 2019)

The Tribunal erred in law by applying too strict a test for causation under s.15 EqA 2010, failing to consider whether the claimant's conduct could arise in consequence of his disability on a broader basis as required by authority. The Tribunal also failed to properly apply the proportionality test and to consider whether a lesser sanction could have been a reasonable adjustment. However, the Tribunal did not err in dismissing the ordinary unfair dismissal claim.

Citation
[2019] UKEAT 0031_19_3009
Parties
Appellant/claimant: Martin James Scott; Respondent: Kenton School (Respondent)
Jurisdiction
United Kingdom
Judgment Date
30 September 2019
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; Tribunal's decision on Equality Act 2010 claims set aside and remitted; dismissal of ordinary unfair dismissal claim upheld.
Legal Topics
Disability Discrimination, Unfair Dismissal, Reasonable Adjustments, Protected Disclosure, Proportionality, Causation Under Equality Act 2010
Employment Law Equality Law Disability Discrimination Unfair Dismissal Reasonable Adjustments Protected Disclosure Proportionality Causation Under Equality Act 2010

Case Brief

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Parties

Martin James Scott

Appellant/claimant

Kenton School (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claimant's conduct arose in consequence of his disability for the purposes of Equality Act 2010 s.15
  2. 2 Whether the dismissal was a proportionate response to misconduct under s.15(1)(b) EqA 2010
  3. 3 Whether the respondent failed to make reasonable adjustments under s.20 EqA 2010

Ratio Decidendi

The Tribunal erred in law by applying too strict a test for causation under s.15 EqA 2010, failing to consider whether the claimant's conduct could arise in consequence of his disability on a broader basis as required by authority. The Tribunal also failed to properly apply the proportionality test and to consider whether a lesser sanction could have been a reasonable adjustment. However, the Tribunal did not err in dismissing the ordinary unfair dismissal claim.

Court Disposition

Appeal allowed in part; Tribunal's decision on Equality Act 2010 claims set aside and remitted; dismissal of ordinary unfair dismissal claim upheld.

Orders

  • Tribunal's decision on s.15 and reasonable adjustment claims set aside
  • Claims under Equality Act 2010 remitted for reconsideration by a differently constituted Tribunal