NEWS & RESOURCES

Being called ‘fat’ was not discrimination arising from a disability

Employment Appeal Tribunal Case:
Evans v Xactly Corporation Ltd UKEATPA

Category:
Disability discrimination, harassment and victimisation

In this employment appeal tribunal case the employee was disabled and was dismissed for poor performance. He claimed that both the process that led to dismissal and the dismissal itself, amounted to direct discrimination in relation to the protected characteristics of disability and/or race. His claim included claims of detriment, four allegations of harassment and victimisation – much of which relied on the same examples as the direct discrimination claim. He also alleged that he suffered discrimination arising from a disability, relying on the same incidents of harassment including when he said he was called “fat” (which he said arose from his disability). The tribunal dismissed his claims, saying that he was dismissed because of his poor performance and not for any discriminatory reason. The employee appealed.

The appeal tribunal dismissed the appeal. The ET were best placed to make findings of fact about the context and office culture which it did, and which was necessary in order to understand the Claimant’s allegations of harassment and victimisation as well as direct discrimination and section 15 disability discrimination. Having done so, the tribunal was fully entitled to conclude that the comments complained of did not amount to harassment as defined in section 26 Equality Act 2010.

Read the full judgement at: https://assets.publishing.service.gov.uk/media/5bcf210fed915d78aaef7e00/Mr_D_P_Evans_v_Xactly_Corporation_Ltd_UKEATPA_0128_18_LA.pdf

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