Employment Cases Update

Baldeh v Churches Housing Association of Dudley & District Ltd UKEAT/0290/18/JOJ

Date published: 09/05/2019

Appeal against the ET’s decision rejecting a claim of unlawful discrimination under s 15 Equality Act 2010 (“EqA 2010”). Appeal allowed.

The Claimant was employed by the Respondent on six months' probation, and various concerns were raised about her performance. At a probationary review meeting, the Claimant's employment was terminated and, at an appeal hearing, the Respondent confirmed her dismissal. It was accepted that the Claimant was "disabled" by reason of depression at the relevant time. The Claimant brought a claim of disability discrimination, which was rejected by the ET, and she appealed on various grounds, including whether the Respondent knew or ought to have known about her disability at the material time, and whether "something arising from her disability" materially influenced her dismissal.

The EAT held that the ET's decision could not stand, and the issue of whether the Respondent's rejection of the Claimant's appeal against her dismissal was an act of discrimination on grounds of disability under s 15 EqA 2010 (and what compensation, if any, she was entitled to) should be remitted to be decided by a fresh ET.

Employment Claims without a Lawyer 2nd edition published March 2018

Read the full text of the judgment on BAILII or download the file by clicking the link below.

Pre-order the 2019-20 edition of the Emp;oyment Tribunal Remedies Handbook and get a free digital edition worth £45