Employment Cases Update

Secretary of State for the Department for Environment, Food and Rural Affairs v James UKEAT/0154/18/LA

Date published: 18/03/2019

Appeal against the ET’s refusal to strike out the Claimant’s claims under the Equality Act 2010 (“EqA”) for unfair dismissal. Appeal allowed.

The Claimant, who was employed as a Senior Veterinary Inspector by the Respondent, faced concerns about his performance which led to his dismissal. Shortly before his dismissal, the Claimant was diagnosed with prostate cancer, which he notified to the Respondent; and he then brought claims for unfair dismissal and for unlawful discrimination, failure to make reasonable adjustments, and harassment because of his disability (that is, the prostate cancer) under the EqA, having found research linking a raised PSA level with impaired mental capacity. The Respondent sought to have the claims under the EqA struck out, but the ET refused to do so.

The EAT held that the ET acted perversely in not striking out the three claims under the EqA because, in the light of the finding that there was no factual link between the poor performance in the relevant period and the prostate cancer, it was illogical not to strike out the claim. The case would be remitted to the same ET, if available.

Employment Claims without a Lawyer 2nd edition published March 2018

Read the full text of the judgment by clicking the link below.

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