Disabled worker’s appeal over sacking is dismissed

An appeal against an Employment Tribunal (ET) ruling that an employer acted fairly when sacking a disabled employee has been dismissed.

A cross-appeal in the same case was also dismissed.

The original ET found that an employer acted fairly when it dismissed the worker for her conduct that was influenced by her disability.

In the case of Morgan v Buckinghamshire Council, an appeal against a decision that Ms Morgan had been fairly dismissed and a cross-appeal against a finding that she had been subject to harassment, were both dismissed.

Boundaries breached

The claimant was disabled due to autism spectrum disorder, dyslexia and other matters and was a supervising social worker in the council’s fostering team.

She was dismissed after it was found that she had breached professional boundaries and that the council could not be confident that she would not repeat that conduct if she was not dismissed.

Serious concern

The ET found that Ms Morgan was not unfairly dismissed. It also rejected her claim under section 15 Equality Act 2010 in relation to the dismissal because it found the justification defence in section 15(1)(b) to be valid.

However, the ET found that a statement by the council that it was a matter of serious concern that Ms Morgan had chosen to withhold her autism through “masking” throughout much of her employment, potentially putting vulnerable children at risk, violated her dignity.

Both parties appealed and the EAT dismissed both appeals.

Dignity violated

It found that the ET properly concluded that the council reasonably found the claimant had breached professional boundaries and that it could not be confident that she would not repeat that conduct if she was not dismissed.

In respect of the cross-appeal, the EAT agreed that the claimant’s dignity was violated, and the ET’s ruling was reasonably held.

Care needs to be exercised in cases involving disabled (or potentially disabled) employees and early advice should be sought to help protect your organisation.

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