T-Systems Ltd v Lewis (Disability Discrimination: Disability related discrimination) [2015] UKEAT 0042_15_2205 (22 May 2015)

T-Systems Ltd v Lewis (Disability Discrimination: Disability related discrimination) [2015] UKEAT 0042_15_2205 (22 May 2015)

The dismissal of the claimant constituted unfavourable treatment because it was caused, at least in part, by her inability to decide on redundancy or the new shift pattern, which arose in consequence of her disability (type 1 diabetes) and the need for a medical report. The Employment Tribunal was entitled to find a contravention of section 15 of the Equality Act 2010, and there was no error of law in its reasoning.

Citation
[2015] UKEAT 0042_15_2205
Parties
Appellant: T-Systems Ltd; Respondent: Mrs Kelly Lewis
Jurisdiction
United Kingdom
Judgment Date
22 May 2015
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Discrimination Arising From Disability, Dismissal, Section 15 Equality Act 2010
Employment Law Equality Law Disability Discrimination Discrimination Arising From Disability Dismissal Section 15 Equality Act 2010

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Parties

T-Systems Ltd

Appellant

Mrs Kelly Lewis

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the dismissal of the claimant constituted discrimination arising from disability under section 15 of the Equality Act 2010
  2. 2 Whether the Employment Tribunal erred in its identification of 'unfavourable treatment' and its application of section 15

Ratio Decidendi

The dismissal of the claimant constituted unfavourable treatment because it was caused, at least in part, by her inability to decide on redundancy or the new shift pattern, which arose in consequence of her disability (type 1 diabetes) and the need for a medical report. The Employment Tribunal was entitled to find a contravention of section 15 of the Equality Act 2010, and there was no error of law in its reasoning.

Court Disposition

Appeal dismissed

Orders

  • The appeal by T-Systems Ltd is dismissed.