Claimant v Magna Exteriors (Liverpool) Ltd
Outcome
Individual claims
The tribunal found the claimant was unfairly dismissed. The reasons for this conclusion were given orally at the hearing but not included in the written judgment as written reasons were not requested.
The tribunal found unfavourable treatment under section 15 of the Equality Act 2010 because the claimant was not consulted about remaining employed when the decision to keep the respondent's paint line open was made. This constituted unfavourable treatment because of something arising in consequence of the claimant's disability.
The claimant brought an additional complaint of unfavourable treatment because of something arising in consequence of disability under section 15 of the Equality Act 2010, but this was not well-founded and was dismissed by the tribunal.
Facts
The claimant was employed by a manufacturing company that operated a paint line. The claimant had a disability. When the respondent decided to keep the paint line open, the claimant was not consulted about remaining employed, despite having a disability. The claimant was subsequently dismissed.
Decision
The tribunal found the dismissal was unfair and that the failure to consult the claimant about remaining employed when the decision to keep the paint line open was made constituted unfavourable treatment arising from disability. A separate section 15 complaint was dismissed.
Practical note
Employers must consult disabled employees about continuing employment when operational decisions are made that affect their roles, and failure to do so can constitute section 15 disability discrimination.
Legal authorities cited
Statutes
Case details
- Case number
- 2403207/2024
- Decision date
- 20 June 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister