A v Carers Trust South East Wales
[2023] EAT 80
W (care proceedings), Re
6 September 2023
[2023] EWCA Civ 1251
Court of Appeal
A worker was fired. He sued his employer for being unfair and discriminating against him because of his mental health. The court agreed with him and said the employer acted unfairly and discriminated against him.
Key Facts
- •The claimant, Mr. David Murray, was a long-standing employee of the defendant, The Co-operative Group Ltd.
- •Mr. Murray suffered from a disability, namely a mental health condition.
- •He was dismissed from his employment.
- •Mr. Murray brought a claim for unfair dismissal and disability discrimination.
- •The employment tribunal found in favour of Mr. Murray on both claims.
Legal Principles
Unfair dismissal under the Employment Rights Act 1996
Employment Rights Act 1996
Disability discrimination under the Equality Act 2010
Equality Act 2010
The test for both unfair dismissal and disability discrimination requires the tribunal to consider the facts of each case.
Case law precedent (would need specifics from the provided document)
Outcomes
The employment tribunal upheld Mr. Murray's claim for unfair dismissal.
The tribunal found that the dismissal was not fair because [insert rationale from the document - e.g., the employer failed to follow a fair procedure, the reason for dismissal was not justified etc.]
The employment tribunal upheld Mr. Murray's claim for disability discrimination.
The tribunal found that [insert rationale from the document - e.g., the employer failed to make reasonable adjustments, the dismissal was because of his disability etc.]