Mr S Day v The Fremantle Trust (England and Wales : Disability Discrimination : Transfer of Undertakings : Unfair Dismissal) [2017] UKET 3324358/2016 (15 August 2017)

Mr S Day v The Fremantle Trust (England and Wales : Disability Discrimination : Transfer of Undertakings : Unfair Dismissal) [2017] UKET 3324358/2016 (15 August 2017)

The tribunal found that the claimant was unfairly dismissed and that the dismissal was related to his disability, constituting unlawful discrimination. The protections under TUPE applied.

Citation
[2017] UKET 3324358/2016
Parties
Claimant: Mr S Day; Respondent: The Fremantle Trust
Jurisdiction
United Kingdom
Judgment Date
15 August 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Disability Discrimination, Transfer of Undertakings, Unfair Dismissal
Employment Law Discrimination Law Disability Discrimination Transfer of Undertakings Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr S Day

Claimant

The Fremantle Trust

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the dismissal was related to disability discrimination
  3. 3 Whether the Transfer of Undertakings (Protection of Employment) Regulations applied

Ratio Decidendi

The tribunal found that the claimant was unfairly dismissed and that the dismissal was related to his disability, constituting unlawful discrimination. The protections under TUPE applied.

Court Disposition

Claim upheld

Orders

  • The respondent is ordered to pay compensation to the claimant for unfair dismissal and disability discrimination.