A v Carers Trust South East Wales
[2023] EAT 80
R Sandhu v Enterprise Rent-A-Car Ltd
19 October 2023
[2023] EAT 169
Employment Appeal Tribunal
The employee was fired for refusing to report to her boss. She sued, saying it was unfair and discriminatory. The judge said the company acted fairly, and the appeals court agreed. The employee's refusal to follow orders, not her father's illness, was the main reason she was fired.
Key Facts
- •Ms Sandhu, employed since 1999, refused to report to her assigned line managers since 2016, citing personality conflicts.
- •Her performance deteriorated, receiving three 'requiring improvement' ratings.
- •Her father's serious illness in 2017 was disclosed to her manager, Mr. Young, but not other colleagues.
- •She was dismissed in May 2018, primarily for insubordination (refusal to report to line managers) and breakdown of trust.
- •She appealed the dismissal, but it was upheld.
- •She claimed unfair dismissal, direct disability discrimination, and harassment.
Legal Principles
Unfair dismissal – Reasonableness of dismissal
Employment Rights Act 1996, section 98
Harassment – Unwanted conduct related to a protected characteristic
Equality Act 2010, section 26
Perversity – Standard of review for Employment Tribunal decisions
Yeboah v Crofton [2002] IRLR 634
Reasons for Employment Tribunal decisions – Sufficient detail
Brent London Borough Council v Fuller [2011] ICR 806; Anya v University of Oxford [2001] ICR 847; DPP Law v Greenberg [2021] IRLR 1016
Harassment – Overall assessment of conduct
Qureshi v Victoria University of Manchester [2001] ICR 863
Outcomes
Appeal dismissed
The Employment Tribunal's findings were not perverse and were supported by sufficient reasoning. The Tribunal correctly applied the relevant legal principles regarding unfair dismissal, discrimination, and harassment. The claimant's refusal to follow the company's reporting structure was deemed a substantial reason for dismissal, and the process was found to be fair.