Thompson v Vale of Glamorgan Council UKEAT/0065/20/RN

Appeal against the ET’s dismissal of the Appellant’s claims of unfair dismissal and disability discrimination. Appeal allowed in part.

The Appellant, who worked for the Respondent as a teacher for more than 15 years, was disabled by reason of dyslexia and a hearing impairment. When she was dismissed on capability grounds, she brought claims in the ET alleging unfair dismissal and disability discrimination (including discrimination by failing to make "reasonable adjustments"). The ET dismissed the claims, and the Appellant appealed on the grounds that (1) the ET failed to consider fully whether her disability put her at a "substantial disadvantage" and/or failed to give adequate reasons when deciding that issue against her, (2) the ET's failure in relation to substantial disadvantage meant that the conclusion that there were no reasonable adjustments that should have been made which were not made could not be maintained, (3) if the ET erred in its conclusions on the duty to make reasonable adjustments, its conclusion that the dismissal was fair could not be maintained, and (4) the ET failed to consider properly whether the dismissal was rendered unfair having regard to its timing.

The EAT held that the appeal would be allowed on the first three grounds but dismissed in relation to the fourth ground. Accordingly, the relevant aspects of the claims would be remitted to a fresh ET.

http://www.bailii.org/uk/cases/UKEAT/2021/0065_20_1705.html

Published: 04/06/2021 11:36

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