Knowledge during appeal process not relevant to whether dismissal discriminatory (Stott v Ralli Ltd)

In cases alleging discrimination, the process of an appeal against a dismissal is treated as being separate from the decision to dismiss, so that when considering whether an employer had knowledge of an employee’s disability at the time of dismissal (for the purpose of a disability discrimination claim based on the dismissal) it is not necessary to consider the employer’s knowledge during the appeal process, according to the Employment Appeal Tribunal (EAT).

Stott v Ralli Ltd (EA-2019-000772-VP)

What are the practical implications of this judgment?

This judgment clarifies that unlike unfair dismissal cases, in which the fairness of a dismissal must take into account all the circumstances up to and including an appeal, in a discrimination claim whether a dismissal and the outcome of an appeal against that dismissal are discriminatory must be treated as separate issues. Accordingly:

• if a claimant wishes to make a claim of discrimination in relation to the appeal then they must expressly do so or else there is no need for the employment tribunal to make a decision on it
• the proposition that the decision to dismiss was discriminatory, and the proposition that the decision on an appeal was discriminatory, are distinct propositions which will not necessarily yield the same answer, and
• in a disability discrimination claim, the question of the employer’s knowledge of the disability must be dealt with by reference only to the dismissal decision (and not any later appeal process)

Case details

• Court: Employment Appeal Tribunal
• Judge: His Honour Judge Auerbach
• Date of judgment: 19 October 2021

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