Employment contract definition

Back

Employer not liable for disability discrimination when it became aware of disability after dismissal.

26th October, 2021

The Employment Appeal Tribunal has held that an employee, dismissed during her probationary period for poor performance, was not discriminated against because her employer was only made aware of her disability following the dismissal (Stott v Ralli Ltd).

Facts

Ms Stott worked for Ralli Ltd and was dismissed for poor performance during her probationary period. Following her dismissal, Ms Stott raised a grievance which referred to her disabilities (mental health and dyslexia) and stated that these had contributed to errors contained in her work. The grievance was rejected, as was a grievance appeal.

Ms Stott brought a claim alleging that her dismissal was discriminatory but importantly did not complain about the grievance and appeal outcomes.

The Employment Tribunal held that the employer did not know and could not reasonably have been expected to know about the disability when dismissing Ms Stott and therefore her claims were dismissed. The employer only became aware of Ms Stott’s disabilities when they were raised in the grievance. As the grievance and appeal process were not in dispute, the tribunal only considered whether the dismissal itself was discriminatory.

Ms Stott appealed the decision and this was dismissed by the Employment Appeal Tribunal on the basis that the case revolved purely around the Claimant’s dismissal and not what occurred afterwards. The grievance and appeal were not a part of Ms Stott’s case and therefore her employer’s knowledge or constructive knowledge of her disabilities acquired after the case could not assist her.

Comment

Nick Benton from Howes Percival comments:

"The case is a useful reminder that employers must have knowledge of an employee’s disability to be held liable for disability discrimination. That knowledge can be express or constructive depending on the circumstances. Employers should therefore consider each case carefully. Although not on the facts of this case, where an employee confirms their disability as part of the appeal against dismissal, it’s likely that an employer will have knowledge of disability for the purposes of that dismissal if a claim is subsequently brought."

For further information on this subject, please contact a member of the team here.

Related Case Studies

Howes Percival Will and Testament

Defending a claim under the Inheritance (Provision for Family and Dependants) Act 1975

A leading member of the team was instructed by brothers who wished to defend a claim brought by their…

Howes Percival Countryside

Giving effect to promises – still a knotty problem for the Courts: The Supreme Court decision in Guest v Guest

The recently decided case of Guest v Guest shows the complexity of claims based on promises and how…

Howes Percival Will and Testament

Replacing an Executor

If an Executor does not advance the administration of an Estate they can be replaced – either by agreement…

Get in touch

To contact us, please fill out this form and we will get back in touch as soon as possible. Your personal data will be processed in accordance with our privacy policy which can be found here.

Thank you for your enquiry. We will respond as soon as possible.

First Name

Last Name

Phone Number

Location

Email Address

Service Required

Message