A Ltd v Z [2019] UKEAT 0273_18_2803 (28 March 2019)

A Ltd v Z [2019] UKEAT 0273_18_2803 (28 March 2019)

The Employment Tribunal erred by focusing on what further steps the employer could have taken rather than whether, had those steps been taken, the employer could reasonably have been expected to know of the claimant's disability. The Tribunal's own findings established that even with further enquiries, the claimant would have continued to conceal her mental health condition, so the employer could not reasonably have known of the disability. Therefore, the claim under section 15 Equality Act 2010 fails.

Citation
[2019] UKEAT 0273_18_2803
Parties
Claimant: Claimant (not named); Respondent: Respondent (not named)
Jurisdiction
United Kingdom
Judgment Date
28 March 2019
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; Employment Tribunal judgment set aside; claim dismissed.
Legal Topics
Disability Discrimination, Constructive Knowledge, Justification Defence, Compensation and Loss, Equality Act 2010
Employment Law Equality Law Disability Discrimination Constructive Knowledge Justification Defence Compensation and Loss Equality Act 2010

Case Brief

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Parties

Claimant (not named)

Claimant

Respondent (not named)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the employer had constructive knowledge of the claimant's disability under section 15(2) Equality Act 2010
  2. 2 Whether the dismissal was justified under section 15(1)(b) Equality Act 2010
  3. 3 How loss and compensation should be assessed and apportioned in discrimination claims

Ratio Decidendi

The Employment Tribunal erred by focusing on what further steps the employer could have taken rather than whether, had those steps been taken, the employer could reasonably have been expected to know of the claimant's disability. The Tribunal's own findings established that even with further enquiries, the claimant would have continued to conceal her mental health condition, so the employer could not reasonably have known of the disability. Therefore, the claim under section 15 Equality Act 2010 fails.

Court Disposition

Appeal allowed; Employment Tribunal judgment set aside; claim dismissed.

Orders

  • Employment Tribunal's judgment in favour of the claimant is set aside.
  • Claim of disability discrimination under section 15 Equality Act 2010 is dismissed.