Dismissal as an act of discrimination under s.39(2)(c) Equality Act 2010, distinct from unfair dismissal under the ERA. City of York Council v Grosset.
Discrimination arising from disability; s.15 EqA 2010. Section 15(1)(a) requires only an objective causal connection between the disability and the "something" that led to the unfavourable treatment; the employer need not be aware that the something arose in consequence of the disability. Knowledge under s.15(2) bites on the disability itself, not on the causal link [36]-[39]. A tribunal deciding justification under s.15(1)(b) makes its own objective assessment and is not confined to the material the employer had, so a finding that dismissal was reasonable for s.98(4) purposes does not determine proportionality.
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Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Discriminatory constructive dismissal; list of issues; time limits. The claim included a complaint of discriminatory constructive dismissal, but the clarification of the issues, focused on the allegations of prohibited conduct, overlooked it, and the tribunal declined to decide it and held the earlier acts of discrimination out of time. The EAT held that the tribunal erred in failing to determine a claim that was part of the pleaded case: a list of issues does not replace the pleadings, and the tribunal should not have adhered to it slavishly (Parekh v Brent LBC applied). On the tribunal's findings the discriminatory constructive dismissal claim, which was in time, was upheld, and whether the earlier acts formed conduct extending over a period ending with the dismissal was remitted with remedy.
Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.