Basildon & Thurrock NHS Foundation Trust v Weerasinghe (Disability Discrimination: Section 15) [2015] UKEAT 0397_14_2907 (29 July 2015)

Basildon & Thurrock NHS Foundation Trust v Weerasinghe (Disability Discrimination: Section 15) [2015] UKEAT 0397_14_2907 (29 July 2015)

The Employment Tribunal misapplied section 15 of the Equality Act 2010 by failing to identify the 'something' arising in consequence of disability and conflating the two required causative steps. The Tribunal's approach to time limits and indirect discrimination was inadequately reasoned. The appeal is allowed and the section 15 issues are remitted for reconsideration applying the correct legal test.

Citation
[2015] UKEAT 0397_14_2907
Parties
Claimant: Consultant Cardiothoracic Surgeon (Claimant); Respondent: Respondent Trust
Jurisdiction
United Kingdom
Judgment Date
29 July 2015
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; cross-appeal dismissed; section 15 issues remitted to the same Employment Tribunal for reconsideration.
Legal Topics
Disability Discrimination, Section 15 Equality Act 2010, Unfair Dismissal, Protected Disclosure, Indirect Discrimination, Reasonable Adjustments, Time Limits
Employment Law Equality Law Disability Discrimination Section 15 Equality Act 2010 Unfair Dismissal Protected Disclosure Indirect Discrimination Reasonable Adjustments +1 more

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Parties

Consultant Cardiothoracic Surgeon (Claimant)

Claimant

Respondent Trust

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test under section 15 Equality Act 2010 for discrimination arising from disability.
  2. 2 Whether the Tribunal correctly identified the 'something' arising in consequence of disability and the causal link to unfavourable treatment.
  3. 3 Whether the Tribunal erred in its approach to indirect discrimination and reasonable adjustments.

Ratio Decidendi

The Employment Tribunal misapplied section 15 of the Equality Act 2010 by failing to identify the 'something' arising in consequence of disability and conflating the two required causative steps. The Tribunal's approach to time limits and indirect discrimination was inadequately reasoned. The appeal is allowed and the section 15 issues are remitted for reconsideration applying the correct legal test.

Court Disposition

Appeal allowed; cross-appeal dismissed; section 15 issues remitted to the same Employment Tribunal for reconsideration.

Orders

  • Section 15 Equality Act 2010 issues remitted to the same Employment Tribunal for determination applying the correct legal test.
  • Cross-appeal on indirect discrimination, reasonable adjustments, and reason for dismissal dismissed.