Cummings Ltd v Mohammed: EAT emphasises the importance in a s.15 claim of considering the decision-maker's reason for the impugned treatment, not just the context. bailii.org/uk/cases/UKEAT…
#ukemplaw
#ukemplaw
2/ M was on a final written warning, was then diagnosed with stress & then went to Pakistan, for which he was dismissed. The ET had noted the connection between dismissal & Pakistan but didn't consider what precisely operated on the decision-maker's mind.
3/ What operated on the decision-maker's mind had to be something arising from M's disability. If, say, the dismissal was for taking a trip without permission, the lack of permission would need to arise from M's disability. That wasn't M's case.
4/ The EAT also found the ET to have adopted a substitution mindset in finding unfair dismissal without identifying the operative reason (as opposed merely to potentially fair reason) for the decision to dismiss. The claim was remitted to a new ET.
5/ A good win for @42BR_Employment colleague Orlando Holloway.
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