N Moustache v Chelsea and Westminster NHS Foundation Trust
[2022] EAT 204
Trevor Farley v Sunderland City Council
14 August 2024
[2024] EAT 115
Employment Appeal Tribunal
A worker sued his employer for discrimination. The judge ruled he wasn't disabled, the employer didn't know about any disability, and there was no unfair treatment. The appeal court agreed with the judge's decision.
Key Facts
- •Trevor Farley (Claimant) appealed an Employment Tribunal (ET) decision dismissing his disability and age discrimination claims against Sunderland City Council (Respondent).
- •The claims arose from three incidents in April 2020: working at a crematorium, working in the office, and a request to conduct shop inspections.
- •The Claimant initially only claimed age and sex discrimination, later adding disability discrimination claims through extensive case management.
- •The ET found the Claimant was not disabled at the material time, the Respondent lacked knowledge of any disability, and no discriminatory provision, criterion, or practice (PCP) was applied.
- •The ET also ruled the claims were out of time and refused to extend the time limit.
Legal Principles
Definition of disability under the Equality Act 2010, Schedule 1, paragraph 3.
Equality Act 2010
Standard of review for ET decisions on reasonableness.
Donelien v Liberta UK [2018] IRLR 535, CA
Constructive knowledge of disability.
Various case law cited, including Donelien v Liberta UK
Broad interpretation of PCPs in indirect discrimination and reasonable adjustments claims.
Ishola v Transport for London [2020] ICR 1204; Ahmed v Department of Work and Pensions [2022] EAT 107; Pipe v Coventry University Higher Education Corp [2023] IRLR 745
Standard of review for ET decisions on extending time limits on just and equitable grounds.
Chief Constable of Lincolnshire v Caston [2010] IRLR 327 CA; Abertawe Bro Morannwg University Local Health Board v Morgan [2018] ICR 1194, CA
Outcomes
Appeal dismissed.
The ET's findings that the Claimant was not disabled, the Respondent lacked knowledge, and no PCP was applied were not perverse and were supported by evidence. The ET's refusal to extend time was also permissible.