Ishola v Transport for London UKEAT/0184/18/RN

Appeal against the ET’s main conclusion that the Claimant’s dismissal had not been discriminatory or unfair. Appeal allowed in part.

The Claimant, who had been employed by the Respondent, brought claims in the ET for disability discrimination, race discrimination, harassment, victimisation, unfair dismissal and unlawful deduction from wages, when he was dismissed following absence from work on sick leave. It was accepted that he was under a disability, in that he suffered from depression and migraines. The Claimant argued that the Respondent failed to make reasonable adjustments, in that it made erratic payments of statutory sick pay, but this was rejected by the ET on the basis that there was 'no group disadvantage'. The Claimant also argued that the Respondent had not made out the case relating to 'legitimate aim' and proportionality in applying the justification test in s 15(1)(b) Equality Act 2010 to the Claimant's dismissal.

The EAT held that the ET had erred in its consideration of the impact on the Claimant of erratic payment of sick pay, and this issue would be remitted to the same ET. The EAT found that the ET had not dealt adequately with the issue of 'legitimate aim' and proportionality, but its error was not material as it could not have affected the result.

Published: 13/02/2019 16:52