A v Carers Trust South East Wales
[2023] EAT 80
N Bodis v Lindfield Christian Care Home Ltd
1 May 2024
[2024] EAT 65
Employment Appeal Tribunal
An employee with anxiety and depression was fired after strange things happened at work and was suspected of causing them. Even though the investigation wasn't perfect, the court decided firing her was fair because the employer had a good reason and the employee's problems with answering questions weren't the main reason for the firing.
Key Facts
- •Ms Bodis, a disabled activities coordinator, was dismissed from Lindfield Christian Care Home Ltd after a series of unusual incidents occurred at the care home.
- •The incidents involved vandalism, tampering with equipment, and other disruptive acts.
- •Ms Bodis was the only staff member present during all the incidents.
- •An investigation concluded Ms Bodis was likely responsible, although her motive was unclear.
- •Ms Bodis's anxiety and depression affected her responses during the investigatory interview.
- •The Employment Tribunal found that the dismissal was procedurally unfair in certain respects (failure to provide advance notice and representation at the investigation meeting), but upheld the dismissal itself.
Legal Principles
Section 15 of the Equality Act 2010: Unfavourable treatment due to something arising in consequence of disability requires a more than trivial causal link between the disability and the treatment. Justification is a valid defense.
Equality Act 2010, Section 15
Unfair dismissal: The employer's conduct must fall within the range of reasonable responses of a reasonable employer. Failure to follow fair procedures may be a factor in determining fairness.
Case law on Unfair Dismissal
Causation in discrimination claims: The protected characteristic need not be the sole or primary cause, but must be a significant influence on the unfavourable treatment.
Nagarajan v London Regional Transport [2000] 1 A.C. 501
Pnasier v NHS England [2016] IRLR 170 approach to Section 15 claims: Identifies the unfavourable treatment, determines the cause(s), assesses the causal link to the disability, and considers whether the treatment was proportionate and a legitimate aim.
Pnasier v NHS England [2016] IRLR 170
Outcomes
Appeal regarding Section 15 discrimination claim (unfavourable treatment due to disability) dismissed.
While the Employment Tribunal erred in finding the treatment was not because of something arising from the disability (her demeanour during the interview), the alternative finding that the treatment was a proportionate means of achieving a legitimate aim (upholding disciplinary standards) was not appealed and was upheld.
Appeal regarding unfair dismissal claim dismissed.
The Employment Tribunal considered all relevant factors, including the procedural failings, and found the dismissal was within the range of reasonable responses. The procedural failings related to the investigation, not the dismissal itself, and were not central to the unfair dismissal claim.