Evans v Xactly Corporation Ltd UKEATPA/0128/18/LA

Appeal against the dismissal of the Claimant's claims of harassment and victimisation. Appeal dismissed.

The Claimant, who was disabled, was dismissed because of his poor performance. He made claims of direct discrimination by reference to the characteristic of disability and/or race, the alleged detriment being his dismissal and precursor disciplinary proceedings; four alleged incidents of harassment related to disability and and/or race; victimisation, relying on two protected acts with the same detriment as in the direct discrimination complaint; and, finally, section 15 discrimination arising from disability relying on the same incidents of harassment when he said he was called "fat", which he said arose from his disability. The ET dismissed his claims, saying that he was dismissed because of his poor performance and not for any discriminatory reason. The Claimant appealed.

The EAT dismissed the appeal. The ET were best placed to make findings of fact about the context and office culture which it did, and which was necessary in order to understand the Claimant's allegations of harassment and victimisation as well as direct discrimination and section 15 disability discrimination. Having done so, the Tribunal was fully entitled to conclude that the comments complained of did not amount to harassment as defined in section 26 Equality Act 2010.


Published: 25/10/2018 10:07

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