Herry v Dudley Metropolitan Borough Council (DISABILITY DISCRIMINATION –- Disability - VICTMISATION DISCRIMINATION) [2019] UKEAT 0069_19_0706 (7 June 2019)

Herry v Dudley Metropolitan Borough Council (DISABILITY DISCRIMINATION –- Disability - VICTMISATION DISCRIMINATION) [2019] UKEAT 0069_19_0706 (7 June 2019)

The Employment Tribunal was entitled to conclude, based on the evidence, that the claimant did not suffer a substantial adverse effect from dyslexia and associated conditions, the denial of an appeal hearing was not motivated by protected acts, and the overall disciplinary process was fair, thus dismissal was not...

Source-derived case information.

Citation
[2019] UKEAT 0069_19_0706
Parties
Appellant: Mr D Herry; Respondent: Dudley Metropolitan Council
Jurisdiction
United Kingdom
Judgment Date
07 June 2019
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Victimisation, Unfair Dismissal
Employment Law Equality Law Disability Discrimination Victimisation Unfair Dismissal

Source-derived case record

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 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Mr D Herry

Appellant

Dudley Metropolitan Council

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

  1. 1 Whether the claimant was a disabled person under Equality Act 2010
  2. 2 Whether denial of an appeal hearing constituted victimisation
  3. 3 Whether dismissal was unfair due to procedural defects

Ratio Decidendi

The Employment Tribunal was entitled to conclude, based on the evidence, that the claimant did not suffer a substantial adverse effect from dyslexia and associated conditions, the denial of an appeal hearing was not motivated by protected acts, and the overall disciplinary process was fair, thus dismissal was not unfair.

Court Disposition

Appeal dismissed