The Claimant was dismissed in 2021 and raised various complaints at the ET including a failure to make reasonable adjustments and unfair dismissal. All her complaints apart from wrongful dismissal were dismissed. The ET found one of four complaints of failure to comply with the duty of reasonable adjustment to be meritorious but had to consider whether it was just and equitable to extend time in respect of it and decided not to extend time. The ET also found that the Claimant was fairly dismissed by reason of conduct. The Claimant appealed.

The EAT allowed the appeal. In relation to the reasonable adjustment issue, the ET had erred because it considered that question by reference to the wrong complaint. The matter was remitted to the tribunal to consider that question by reference to the right complaint. Also, in concluding that the Claimant had been fairly dismissed by reason of conduct, the ET had failed to take into account its own factual findings about the implications for her ability to defend herself in the disciplinary process, of the Respondent’s delay in raising the alleged conduct with her. The matter was remitted to the ET to consider afresh the implications of those findings for the question of whether the dismissal was fair or unfair, taking also into account the relevant provisions of the ACAS Code of Practice 1 (2015).