Williams v. Owens Corning Fibreglass (Gb) Ltd [2001] UKEAT 1039_00_1312 (13 December 2001)

Williams v. Owens Corning Fibreglass (Gb) Ltd [2001] UKEAT 1039_00_1312 (13 December 2001)

The tribunal erred in law by failing to properly address whether the discriminatory scoring system was causative of the applicant's dismissal and by misdirecting itself on the effect of the applicant volunteering for redundancy. The appeal is allowed and the matter is remitted for rehearing.

Source-derived case information.

Citation
[2001] UKEAT 1039_00_1312
Parties
Appellant: Mr Williams; Respondent: Respondent Company
Jurisdiction
United Kingdom
Judgment Date
13 December 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal and cross-appeal allowed; case remitted for rehearing before a different tribunal.
Legal Topics
Disability Discrimination, Unfair Dismissal, Redundancy Procedures, Reasonable Adjustments
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Redundancy Procedures Reasonable Adjustments

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Williams

Appellant

Respondent Company

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the respondent's redundancy scoring system discriminated against the applicant due to disability
  2. 2 Whether the applicant's dismissal was less favourable treatment related to his disability under Section 5(1) of the Disability Discrimination Act 1995
  3. 3 Whether the dismissal was unfair due to the discriminatory scoring system

Ratio Decidendi

The tribunal erred in law by failing to properly address whether the discriminatory scoring system was causative of the applicant's dismissal and by misdirecting itself on the effect of the applicant volunteering for redundancy. The appeal is allowed and the matter is remitted for rehearing.

Court Disposition

Appeal and cross-appeal allowed; case remitted for rehearing before a different tribunal.

Orders

  • The appeal is allowed.
  • The cross-appeal is allowed.