Marshall v East & North Hertfordshire NHS Trust [2025] EAT 46
Appeal against the dismissal of one claim amongst many relating to disability discrimination and against a finding that the Claimant had been fairly dismissed. Appeal allowed in respect of the first ground but the second ground was dismissed.
The Claimant presented three claim forms making claims of disability discrimination, harassment, victimisation, protected disclosure detriment, automatically unfair dismissal and unfair dismissal, in total amounting to 80 separate issues. The ET dismissed all the claims and the Claimant appealed on the basis that the ET had erred by failing to consider one element of her complaints under section 15 of the EqA (discrimination arising from disability). She also complained that the ET had erred in concluding that her dismissal by reason of redundancy was fair in circumstances where the Respondent had failed to consider re-deployment into one of two specific roles which became available.
The EAT allowed the first appeal and dismissed the second. Whilst acknowledging that the ET had required to consider a very large number of issues, the inescapable conclusion was that it did not consider or rule upon the single aspect of the section 15 EqA complaint identified in the appeal. The ET did not err in considering the fairness of the appellant’s dismissal for redundancy.
Published: 15/05/2025 15:59