Employment Cases Update

Aston v The Martlet Group Ltd (formerly Jim Walker & Co Ltd) t/a i-Ride UKEAT/0274/18/BA

Date published: 30/05/2019

Appeal against the ET’s decision rejecting the Claimant’s claims of failure to comply with the duty of reasonable adjustment, disability discrimination and victimisation discrimination. Appeal allowed in part.

The Claimant, who had worked for the Respondent for more than 10 years, was dismissed after a long absence on sick leave, and brought claims for unfair dismissal and discrimination by reference to the disability of depression. After several hearings, the ET considered the Claimant's claims of failure to comply with the duty of reasonable adjustment, discrimination arising from disability (within s 15 Equality Act 2010 ("EqA 2010")) and victimisation (s 27 EqA 2010). All of those claims were dismissed, and the Claimant appealed on a number of grounds.

The EAT held that the grounds concerning the victimisation complaint failed. However, the remaining grounds of appeal succeeded; accordingly, the s 15 EqA 2010 complaints would be remitted to a fresh ET for further consideration.

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.

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