The Claimant underwent an operation for cancer necessitating a number of months’ absence from work. She returned on the basis of limited hours and duties. After a further period of months she was dismissed on the basis of continuing incapability to perform the full duties of her role. The ET upheld some complaints of failure to comply with the duty of reasonable adjustment but dismissed others. It also dismissed a complaint of unfair dismissal and a complaint of discrimination, by dismissal, contrary to section 15 Equality Act 2010. The Claimant appealed.

The EAT allowed the appeal. The Respondent rightly conceded that the ET erred in law in respect of the section 15 complaint by applying the wrong legal test. In a number of other respects there was a paucity of fact-finding to support the tribunal’s conclusions, and the tribunal failed to provide sufficient reasons to address key arguments and explain to the parties why they had won or lost, compounded by some apparently conflicting findings. In light of those features of the decision, the Claimant’s appeal in respect of the other complaints that failed, and the Respondent’s cross-appeal in respect of the complaints that were upheld, both succeeded.