The EAT has upheld a tribunal's decision that an employee's dismissal was not direct disability discrimination

  • Liz Jackson

The EAT has upheld a tribunal’s decision that an employee’s dismissal was not direct disability discrimination

The EAT has upheld a tribunal’s decision that an employee’s dismissal was not direct disability discrimination as the decision-maker did not know that he was disabled. The knowledge of the employer’s Occupational Health department in relation to the employee’s disability could not be imputed to the decision-maker in the disciplinary process.

Following the guidance of the Court of Appeal in CLFIS (UK) Ltd v Reynolds, the EAT held that when determining whether direct discrimination has occurred, the tribunal should focus on the thought processes and motivation of the decision-maker. Knowledge of disability could not be implied to the decision-maker; the tribunal must determine whether they personally knew of, and were influenced by, the disability. (Gallop v Newport City Council UKEAT/0118/15.)