The Carphone Warehouse Ltd v Martin  UKEAT/0371/12/JOJPosted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionUnfair Dismissal, Discrimination and Equality
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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