The Claimant was employed in a delivery role at the Respondent’s Hendon Delivery Office in London. Owing to disability he became unable to perform outdoor duties and was given supernumerary indoor duties. In February 2018 he was dismissed by way of ill health early retirement. His appeal was decided in May 2018, upholding the decision to dismiss. The ET dismissed complaints of unfair dismissal and pursuant to sections 15 and 20 Equality Act 2010. The Claimant appealed in respect of the Equality Act complaints.

The EAT allowed the appeal. It was an essential part of the Claimant’s case before the ET that the Respondent ought, as of May 2018, to have kept him in employment so that he could be assigned to an indoor post when the planned merger of the Hendon and Mill Hill offices took place. It was also his case, that, as the merger was impending, and he could then have been assigned to such an indoor role, the decision to dismiss his appeal was not proportionate or justified for the purposes of the section 15 complaint. The ET had failed to address and decide these essential aspects of the Claimant’s case.