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
    Unfair Dismissal, Disciplinary and Grievance Issues, Discrimination and Equality
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

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This article is correct at 17/01/2019
Disclaimer:

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.

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