Employment Cases Update

Mutombo-Mpania v Angard Staffing Solutions Ltd (Disability Discrimination) [2018] UKEAT/0002/17/1707

Date published: 19/09/2018

Appeal against the dismissal of the Claimant's claim of disability discrimination. Appeal dismissed.

The Claimant was dismissed after his non-attendance on 4 occasions. He made a number of claims at the ET including disability discrimination. The ET found that the Claimant was not a disabled person and that in any event the Respondent did not know and could not have reasonably have known of his disability. The Claimant appealed.

The EAT dismissed the appeal on 2 bases: 1) the Claimant had failed to lead evidence of what particular day to day activities would be affected by his condition and 2) had the Claimant proved that he was disabled, the Tribunal's conclusion on constructive knowledge was one that it was entitled to reach.

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Employment Claims without a Lawyer 2nd edition published March 2018