Employment tribunal ruling overturned in disability discrimination case

Introduction

The Employment Appeal Tribunal (EAT) recently overturned a decision concerning Mr Brian Gourlay's claims against West Dunbartonshire Council. The case involved allegations of disability discrimination and victimisation, with the tribunal initially awarding compensation for financial losses.

Background

Mr Gourlay, a former Corporate Health and Safety Officer, was dismissed by the council for alleged gross misconduct. He subsequently filed complaints of unfair dismissal, disability discrimination, and victimisation. The tribunal upheld his claims, attributing a severe depressive episode to the council's discriminatory actions.

Initial Tribunal Decision

The tribunal awarded compensation for past and future wage loss and pension loss but reduced this by 80%, citing the possibility that Mr Gourlay would have pursued ill health retirement or faced lawful dismissal by March 2017.

Appeal and Cross-Appeal

Mr Gourlay appealed, arguing that the reduction was legally erroneous, while the council cross-appealed, claiming the tribunal should have limited compensation to the date of a potential lawful dismissal.

Employment Appeal Tribunal Findings

The EAT found that the tribunal erred in law by reducing the compensation based on speculative future events. It determined that the tribunal failed to consider whether a lawful dismissal would have resulted in the same psychiatric condition.

Legal Principles

The EAT emphasised the need to assess compensation as if the discriminatory acts had not occurred, referencing key cases like Chagger and Cannock. It highlighted the necessity to evaluate the impact of a lawful dismissal on Mr Gourlay's ability to work.

Outcome

The EAT set aside the tribunal's decision on financial loss and remitted the case to a differently constituted tribunal for reassessment. It instructed the new tribunal to consider updated factual circumstances and potentially hear further evidence.

Implications

This case underscores the importance of accurately assessing compensation in discrimination cases, particularly when considering hypothetical scenarios of lawful dismissal. It also highlights the challenges in apportioning harm in complex employment disputes.

Learn More

For more information on employment law, see BeCivil's guide to UK Employment Law.