Shah v TIAA Ltd UKEAT/0180/19/BA

Appeal against the ET’s findings that the Respondent did not discriminate against the Claimant, harass her or unfairly dismiss her. Appeal dismissed.

The Claimant, who had long-standing back problems, worked for the Respondent in a client-facing position. She was dismissed when she fell well below her target for "chargeable days per year". The Claimant brought claims in the ET for unfair dismissal, direct disability discrimination, failure to make reasonable adjustments and harassment, but the ET rejected all of her claims. The Claimant appealed on the grounds that (1) the ET erred in law or made a perverse finding when deciding that her dismissal was a proportionate means of achieving the Respondent's legitimate aim, (2) the ET's decision that there were no reasonable adjustments that could be made was flawed, (3) the harassment claim was dismissed too briefly, and (4) the finding that the dismissal was fair could not stand and should be set aside.

The EAT held that there was nothing perverse in the ET's assessment of the issues, and so all four grounds of appeal must fail and the appeal must be dismissed.

Published: 21/01/2020 21:16

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