The Carphone Warehouse Ltd v Martin [2013] UKEAT/0371/12/JOJ

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination
Issues covered: Unfair Dismissal; Constructive dismissal; Disability; DDA; Reasonable adjustments

This case concerns a claim for indirect disability discrimination under the Disability Discrimination Act 1995 (DDA) and a claim for constructive dismissal. The claimant in this case, a branch manager at the Carphone Warehouse, suffered from mental health issues which amounted to a disability under the DDA. He resigned and claimed constructive dismissal after a period of suspension for misconduct that lasted over a year. The disciplinary process was slightly delayed due to the obtaining of a report from the claimant’s GP. The claimant also made disability discrimination claims based on 'reasonable adjustments' arising from the respondent’s failure to pay his correct pay and failing to deal

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This article is correct at 22/03/2013

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