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
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Summary, issues, holding and outcome
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Parties
Mr D Herry
Appellant
Dudley Metropolitan Council
Respondent
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Legal Issues
- 1 Whether the claimant was a disabled person under Equality Act 2010
- 2 Whether denial of an appeal hearing constituted victimisation
- 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
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