Riley v Direct Line Insurance Group Plc [2023] EAT 118

Appeal against the dismissal of the Claimant's claim of unfair dismissal. Appeal dismissed.

The Claimant was disabled by reason of ASD. Following an extended period of inability to work and an unsuccessful attempt at returning to work his employment was terminated, which entitled him to be paid 80% of his salary under a PHI scheme till retirement. The ET found that the termination was not a dismissal as it was consensual. Although there had been two failures to make reasonable adjustments in connection with the attempted return to work, the claims in respect thereof were out of time and the ET refused to extend time on the just and equitable ground. The Claimant appealed.

The EAT dismissed the appeal. The ET had not failed to make reasonable adjustments in the way the Claimant was cross-examined and there had been no substantive unfairness in the hearing. Also, the ET had been entitled to find that there was a consensual termination of his employment notwithstanding the terms of a subsequent letter from the employers stating that he was dismissed. Finally, the ET had properly decided not to extend time for the reasonable adjustments claims in view of his subsequent decision to agree to the termination of his employment rather than seeking to return to work.

Published: 22/09/2023 10:40

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