Mr R Cartwright (deceased) and Mrs J Cartwright v R & M Gaskarth (England and Wales : Disability Discrimination : Redundancy : Unfair Dismissal) [2017] UKET 2401821/2016 (21 February 2017)

Mr R Cartwright (deceased) and Mrs J Cartwright v R & M Gaskarth (England and Wales : Disability Discrimination : Redundancy : Unfair Dismissal) [2017] UKET 2401821/2016 (21 February 2017)

The tribunal found that the dismissal was unfair and discriminatory as the redundancy was not genuine and the respondent failed to make reasonable adjustments for disability.

Citation
[2017] UKET 2401821/2016
Parties
Claimant: Mr R Cartwright (deceased); Claimant: Mrs J Cartwright; Respondent: R & M Gaskarth
Jurisdiction
United Kingdom
Judgment Date
21 February 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Disability Discrimination, Redundancy, Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr R Cartwright (deceased)

Claimant

Mrs J Cartwright

Claimant

R & M Gaskarth

Respondent

Procedural Posture

Employment Tribunal / Judgment

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the dismissal was discriminatory on grounds of disability
  3. 3 Whether redundancy was genuine

Ratio Decidendi

The tribunal found that the dismissal was unfair and discriminatory as the redundancy was not genuine and the respondent failed to make reasonable adjustments for disability.

Court Disposition

Claim upheld

Orders

  • Compensation awarded to the claimants
  • Respondent ordered to pay compensation for unfair dismissal and disability discrimination