Source: All England Reporter
Publisher Citation: [2001] All ER (D) 379 (Feb)
Court: Employment Appeal Tribunal, Scotland
Judge:

Lord Johnston, Mr A Bridge and Miss A Martin
Representation J Peoples QC (instructed by Ian Matheson) for the authority
  William Nelson of McKay Norwell, Edinburgh for M
Judgment Dates: 27 February 2001

Catchwords

Unfair dismissal - Determination whether dismissal unfair ||Appeal - Disabled person dismissed by authority after accusation of dishonesty - Employment tribunal finding authority unfairly dismissing employee and discriminating on basis of his disability - Tribunal making finding of contributory negligence - Tribunal failing to make deduction in respect of claim for discrimination - Authority contending necessary legislative provisions not in force - Whether tribunal erring in law - s 5(2).

The Case

While a finding of contributory negligence in relation to a successful claim for unfair dismissal necessarily would not always bear on a quite separate claim for discrimination whether on grounds of race or disability at the instance of the same employee in respect of the same employment, in a case where the two issues were inextricably bound up with one another, such a deduction was appropriate.

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