News Article

Discrimination Arising out of Disability

In the recent case of Baldeh v Churches Housing Association of Dudley and District Ltd, the Employment Appeal Tribunal (“EAT”) considered whether an employer had discriminated against an employee on the grounds of his disability where the employer was not aware of the disability at the time of the dismissal but potentially became aware during the course to the appeal. 

discrimination in the workplace advice

The Claimant was dismissed by her employer at the end of her probation period, following concerns about her performance. The Claimant appealed against her dismissal and, at the appeal hearing, disclosed that she suffered from depression which affected her behaviour. The appeal was unsuccessful and she subsequently bought a claim for discrimination. The EAT acknowledged that, whilst there were other grounds for dismissal which did not arise from the Claimant’s disability, there was sufficient ‘material influence’ to support a discrimination claim. Therefore, the effects of the Claimant’s depression, which caused the performance issues, should have been considered when deciding the appeal. In addition, the EAT held that the Company had or should reasonably have had knowledge of the disability during the appeal and, therefore, it was insufficient to rely on the fact that they did not have knowledge at the time the initial decision was made to dismiss. 

The appeal hearing is an integral part of the decision to dismiss. Employers must take into account any information which comes to light during that appeal process. The presence of other grounds for dismissal will not defeat a disability discrimination claim, in circumstances where the something arising out of a disability had a material influence on the decision to dismiss. Employers should, therefore, tread carefully when new information comes to light at any stage in the process. 

For any further advice or information please contact the team here at SFB Consulting. Our offices are based in Bishop’s Stortford and London, but we offer our services and consultancy UK wide. 

T:01279 874 676 

E:info@sfb-consulting.com