Chumber v Hestia Healthcare Ltd UKEAT/0229/18/LA

Appeal against the ET’s rejection of the Claimant’s claims of unlawful disability discrimination; the ET had held that his dismissal was not by reason of the protected disclosures that he made and nor was it less favourable treatment because of his disability. Appeal allowed and remitted to a fresh ET.

The Claimant was employed as a carer by the Respondent, and was at all material times a disabled person within the meaning of the Equality Act 2010. He made protected disclosures in relation to treatment that he received from colleagues, and faced disciplinary proceedings concerning an incident where he was found to have acted inappropriately. Following a disciplinary hearing and an appeal hearing, the Claimant was summarily dismissed on the grounds of gross misconduct. The Claimant brought claims in the ET for unlawful disability discrimination, but these were all dismissed. The Claimant appealed against the following findings or omissions in the ET's judgment: that the Respondent did not know, and could not reasonably have been expected to know, that the Claimant was at a substantial disadvantage in being required to use the stairs at his place of work; the ET's failure to address at all the Claimant's wrongful dismissal claim; and that the Claimant's dismissal was not by reason of the protected disclosures that he made.

The EAT held that the ET's decision was substantially flawed, and it remitted a number of issues to a fresh ET for rehearing.

Published: 27/02/2019 22:27