In XYZ v Birmingham City Council, the claimant faced disciplinary action after a workplace incident. He argued that his conduct arose from his PTSD. While the process was ongoing, he told the Council that he had PTSD, anxiety and depression. The disciplinary process continued. When he later raised a grievance, the Council told him to use it as mitigation in the disciplinary process rather than investigate it separately.
The claimant resigned and brought disability and age discrimination claims. The tribunal accepted the Council’s admission of unfair dismissal liability but dismissed the remaining claims, including the discrimination claims.
The Employment Appeal Tribunal (EAT) held that the tribunal had not properly considered whether the Council acquired knowledge of the claimant’s PTSD after his disclosure and before he resigned. It should also have considered his case that continuing the disciplinary process after the disclosure was unfavourable treatment because of something arising from his disability.
The EAT did not decide that the Council had the relevant knowledge or that continuing the process was discriminatory. Those issues, including whether the process could be justified, were remitted to the same tribunal. In considering justification, the tribunal will need to assess the impact on the claimant against the Council’s legitimate aims and consider whether less discriminatory options, such as obtaining occupational health advice or...
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