Mr M Willis v Marks & Spencer plc: (England and Wales : Disability Discrimination : Public Interest Disclosure : Unfair Dismissal) [2017] UKET 1600369/2016 (14 March 2017)

Mr M Willis v Marks & Spencer plc: (England and Wales : Disability Discrimination : Public Interest Disclosure : Unfair Dismissal) [2017] UKET 1600369/2016 (14 March 2017)

The tribunal found that the claimant was unfairly dismissed and subjected to disability discrimination and detriment for making a protected disclosure, as the respondent failed to provide a fair reason or follow a fair procedure, and the claimant's disability and disclosures were material factors in the treatment received.

Citation
[2017] UKET 1600369/2016
Parties
Claimant: Mr M Willis; Respondent: Marks & Spencer plc
Jurisdiction
United Kingdom
Judgment Date
14 March 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Disability Discrimination, Public Interest Disclosure, Unfair Dismissal
Employment Law Discrimination Law Disability Discrimination Public Interest Disclosure Unfair Dismissal

Case Brief

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Parties

Mr M Willis

Claimant

Marks & Spencer plc

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the claimant was discriminated against on the grounds of disability
  3. 3 Whether the claimant suffered detriment for making a protected disclosure

Ratio Decidendi

The tribunal found that the claimant was unfairly dismissed and subjected to disability discrimination and detriment for making a protected disclosure, as the respondent failed to provide a fair reason or follow a fair procedure, and the claimant's disability and disclosures were material factors in the treatment received.

Court Disposition

Claim upheld

Orders

  • Respondent to pay compensation to the claimant
  • Respondent to provide a written statement of reasons for dismissal if not already provided