ASDA Stores Ltd v Raymond Posted In: Case Law
Case ReferenceUKEAT 0268_17_1312
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionUnfair Dismissal, Disciplinary and Grievance Issues, Discrimination and Equality
The claimant worked as a lorry driver for the respondent company. He suffers from Type 2 diabetes and is disabled within the meaning of section 6 of the Equality Act 2010 (N.B. Disability in NI is governed by the Disability Discrimination Act 1995). He was summarily dismissed following reports that he had urinated in the loading yard of a shopping centre. The respondent alleged he had relieved himself on the pallets, yet CCTV footage was unclear.
The respondent alleged the actions of the claimant amounted to gross misconduct. The company claimed the incident resulted in a serious breach of trust and confidence, a deliberate and serious breach of H&S Regulations that could endanger
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