Mefful v Citizens Advice Merton and Lambeth Ltd [2024] EAT 198
Appeal against the dismissal of the Claimant's complaint of disability discrimination. Appeal dismissed.
In these long running proceedings which started in 2012 when the Claimant was dismissed, his complaints of disability discrimination were dismissed in 2017 and then successfully appealed. At a further hearing in 2020, the ET then upheld complaints of direct discrimination and under section 15 but an appeal by the Respondent against those decisions then succeeded. Upon further remission the ET decided in a further decision in 2022 to dismiss the section 13 and section 15 complaints. In particular the ET had found that the dismissal had been decided upon no later than 19 March 2012, although not implemented until August 2012. The section 15 complaint failed because, at the time when the dismissal was decided upon, the Respondent had neither actual nor constructive notice of the Claimant’s disability; and in any event he was not dismissed because of something arising in consequence of his disability. The Claimant appealed.
The EAT dismissed the appeal. The ET had properly concluded, understanding and applying the law correctly, that an email in January 2012 referring to a hospital appointment for the shoulder problem, did not give the Respondent actual or constructive knowledge of the disability at that time. It had also properly found that, in any event, the Claimant invoking that appointment, as the reason why he could not attend a proposed meeting with which it clashed, did not materially influence the decision to dismiss. The ET made positive findings and did not err by failing to find that the burden had shifted, and not been discharged.
Published: 09/01/2025 14:05