Source: All England Reporter
Publisher Citation: [2007] All ER (D) 301 (May)
Court: Employment Appeal Tribunal
Judge:

Judge Burke QC, Mr D Chadwick and Lord Morris of Handsworth
Judgment Dates: 17 May 2007

Catchwords

Unfair dismissal - Determination whether dismissal fair or unfair - Dismissal for misconduct - Disability discrimination - Employer dismissing dyslexic employee for repeated lateness following final warning - Employee claiming employer dismissing him on basis of his disability - Employee further claiming employer failing to make reasonable adjustments for his disability - Whether dismissal unfair - Whether employee victim of disability discrimination.

The Case

Unfair dismissal Determination whether dismissal fair or unfair. The employee's appeal against the rejection of his unfair dismissal and disability discrimination claims was dismissed on the basis that there was no justification for applying issue estoppel and that on the evidence before it the employment tribunal had been entitled to reach the conclusion that the employee had been dismissed for misconduct and not his disability. Accordingly, there had been no error of law in the tribunal's decision.

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