The Claimant was employed by the Respondent on six months' probation, and various concerns were raised about her performance. At a probationary review meeting, the Claimant's employment was terminated and, at an appeal hearing, the Respondent confirmed her dismissal. It was accepted that the Claimant was "disabled" by reason of depression at the relevant time. The Claimant brought a claim of disability discrimination, which was rejected by the ET, and she appealed on various grounds, including whether the Respondent knew or ought to have known about her disability at the material time, and whether "something arising from her disability" materially influenced her dismissal.

The EAT held that the ET's decision could not stand, and the issue of whether the Respondent's rejection of the Claimant's appeal against her dismissal was an act of discrimination on grounds of disability under s 15 EqA 2010 (and what compensation, if any, she was entitled to) should be remitted to be decided by a fresh ET.