Failure to consider unfair dismissal claim independently of discrimination claims


Re: EAT – 28 Jun 2016

An employment tribunal had, on the subject of comparison arising in a “reasonable adjustments” claim, followed Griffiths v Secretary of State for Work and Pensions UKEAT/0372/13/JOJ – that decision subsequently found by the CoA to have been in error. The decision of the tribunal was therefore tested for durability, applying the correct approach.
Inter alia, the tribunal had erred by failing to consider the appellant’s unfair dismissal claim independently of her claims for disability discrimination. Dismissal for a discriminatory reason was not necessarily unfair; whether it is or not depended on the application of the tests in the Employment Rights Act 1996, s 98.

Andrew Smith was involved in this case.