Sullivan v Bury Street Capital Ltd [2021]

Posted In: Case Law
  • Decision Number
    EWCA Civ 1694
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination
Issues covered: Disability Discrimination; Definition of Disability; Unfair Dismissal

The claimant worked as a sales executive for the respondent since 2009.   In his personal life he had a relationship breakdown in 2013 and this led to paranoid delusions.  Most notably this concerned being stalked by a Russian Gang which were connected to his former partner.   He had sought medical advice, yet his condition worsened and he was signed off work on sick leave on 7th September 2017.  The next day he was dismissed on the basis of capability with the respondent outlining that the claimant had poor timekeeping and record-keeping, as well as unauthorised absences. 

The claimant subsequently brought a claim for unfair dismissal and disability

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This article is correct at 23/11/2021
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.

Jason Elliott BL
Barrister

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

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