Employment Cases Update

Fox v South Essex Academy Trust UKEAT/0093/19/RN

Date published: 20/03/2020

Appeal against the ET’s dismissal of the Claimant’s claims of disability discrimination, harassment and unfair constructive dismissal. Appeal allowed.

The Claimant was employed by the Respondent as a primary school teacher until she raised various grievances and subsequently resigned. She brought claims in the ET of disability discrimination, harassment and unfair constructive dismissal, all of which were dismissed. The Claimant appealed, contending that the ET had wrongly concluded that the Respondent provided the necessary 'pack' of documentation to her in advance of the grievance hearing, when in fact there were readily available and necessary documents that were relevant to the grievance but which were not disclosed to her in advance.

The EAT held that the ET, having appreciated that the disclosure issue was relevant to the reasonable adjustments claim and the unfair dismissal claim, had erred in law in holding that the pack disclosed to the Claimant amounted to the disclosure of the relevant and readily available documents when, in fact, it did not; in addition, the ET's findings on the harassment claim were also undermined by this failure to appreciate the point about disclosure.

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