R Sandhu v Enterprise Rent-A-Car Ltd
[2023] EAT 169
A v Carers Trust South East Wales
27 June 2023
[2023] EAT 80
Employment Appeal Tribunal
Someone claimed their boss fired them unfairly because of their disability and for reporting problems at work. A judge looked at all the evidence and decided the firing wasn't unfair because it was due to other issues, not the disability or the reports.
Key Facts
- •A was employed by Carers Trust South East Wales from July 2016 to August 2017.
- •A had a mental health condition (depression) known to the respondent.
- •Disagreements arose between A and a new Finance Manager, Ms. Milton.
- •A made allegations of bullying and incompetence against Ms. Milton to the CEO.
- •An investigation was conducted by Ms. Murphy, which did not support A's allegations.
- •A was dismissed for gross misconduct on August 22, 2017, without prior warning.
- •A appealed the dismissal unsuccessfully.
- •A brought claims for protected disclosures, disability discrimination, harassment, victimisation, and unfair dismissal.
Legal Principles
Qualifying disclosure under section 43B of the Employment Rights Act 1996 (ERA)
Kilraine v London Borough of Wandsworth [2018] ICR 1850; Williams v Michelle Brown AM UKEAT/0044/19/00
Protected act under section 27 of the Equality Act 2010 (EqA)
Direct disability discrimination under section 13 of the EqA
Disability-related harassment under section 26 of the EqA
Hendricks v Metropolitan Police Commissioner [2003] IRLR 96
Unfair dismissal under section 103A of the ERA
Martin v Devonshire Solicitors [2011] ICR 352; Panayiotou v Kernaghan [2014] IRLR 500
Victimisation under section 27 of the EqA
Outcomes
Appeal dismissed
The ET did not err in law and gave adequate reasons for its conclusions. The ET permissibly found that A did not make protected disclosures, and that her dismissal was due to complaints from colleagues, not her protected acts or disability.