ASDA Stores Ltd v Raymond [2018]

Posted In: Case Law
  • Case Reference
    UKEAT 0268_17_1312
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline, Discrimination
Issues covered: Disability Discrimination; Dismissal; Gross Misconduct; Duty of Trust and Confidence; Reinstatement

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 17/01/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal Island
Legal Island

The main content of this article was provided by Legal Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email

View all articles by Legal Island