Heritage Homecare Ltd v Mason (Disability Discrimination: Direct disability discrimination) [2015] UKEAT 0273_14_1401 (14 January 2015)

Heritage Homecare Ltd v Mason (Disability Discrimination: Direct disability discrimination) [2015] UKEAT 0273_14_1401 (14 January 2015)

The Employment Tribunal erred in law by failing to make findings on knowledge of disability, conflating direct discrimination with discrimination arising from disability, and inadequately reasoning the compensation award; the case must be remitted for a complete rehearing before a differently constituted Tribunal.

Source-derived case information.

Citation
[2015] UKEAT 0273_14_1401
Parties
Appellant: Peninsula Business Services Ltd; Respondent: [Respondent Name Not Provided]
Jurisdiction
United Kingdom
Judgment Date
14 January 2015
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; case remitted for complete rehearing before a differently constituted Employment Tribunal.
Legal Topics
Disability Discrimination, Direct Discrimination, Discrimination Arising From Disability, Compensation, Unlawful Deduction From Wages
Employment Law Discrimination Law Disability Discrimination Direct Discrimination Discrimination Arising From Disability Compensation Unlawful Deduction From Wages

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Parties

Peninsula Business Services Ltd

Appellant

[Respondent Name Not Provided]

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding both direct disability discrimination and discrimination arising from disability
  2. 2 Whether the Employment Tribunal failed to make findings on actual or constructive knowledge of disability
  3. 3 Whether the compensation for loss of earnings was properly calculated

Ratio Decidendi

The Employment Tribunal erred in law by failing to make findings on knowledge of disability, conflating direct discrimination with discrimination arising from disability, and inadequately reasoning the compensation award; the case must be remitted for a complete rehearing before a differently constituted Tribunal.

Court Disposition

Appeal allowed; case remitted for complete rehearing before a differently constituted Employment Tribunal.

Orders

  • Remit case for complete rehearing as to liability and compensation (including loss of earnings and injury to feelings) before a differently constituted Employment Tribunal.
  • Finding as to unlawful deduction from wages and its quantification to remain in place.