The Claimant, a former headteacher, was successful in her claim of constructive unfair dismissal but failed in her claim of disability discrimination. The latter had originally been framed as arising from hypertension, but a report from a cardiologist jointly commissioned by the parties in the course of the litigation made clear that this was untenable. Further reports from psychiatrists revealed that the Claimant’s true disability stemmed from mental health issues. In a summary paragraph in its reasons the ET misstated the correct legal tests relevant to claims under, respectively, ss13, 15 and 20 of the Equality Act. The claimant contended that this misstatement led to errors of law and that certain findings made by the ET were perverse. The Respondent cross-appealed in relation to a finding that the Claimant had not forged signatures on certain appraisal forms, something which had surfaced only days before the hearing.

The EAT dismissed the appeal on the basis that the ET had had regard to the correct tests, and had reached conclusions of fact which were open to it on the evidence. It also dismissed the cross-appeal, holding that the positive allegation of forgery by one witness was evidence of opinion not fact, and the ET had been entitled to hold that, whilst genuinely holding the belief which she did, the witness was mistaken.