Employment Appeal Tribunal Orders Rehearing in Disability Discrimination Case Against Morrisons
The Employment Appeal Tribunal has ordered a fresh hearing for disability discrimination and reasonable adjustment claims following legal errors in a Morrisons case.
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The Employment Appeal Tribunal (EAT) has partially upheld an appeal by Mr K P McConnell against WM Morrisons Supermarkets Ltd, ordering that his claims for indirect discrimination and failure to make reasonable adjustments be reheard by a freshly constituted tribunal.
Background to the dispute
Mr McConnell, a long-serving employee at the supermarket chain's Stockton-on-Tees distribution centre, suffered a back injury in 2010. Following occupational health advice, he was permanently transferred to the Returns and Recycling Unit (RRU) in 2020. In 2023, the RRU operations were outsourced, triggering the Transfer of Undertakings (Protection of Employment) Regulations, commonly known as TUPE. Mr McConnell objected to the transfer and subsequently brought claims regarding his treatment.
Tribunal findings
While the original Employment Tribunal (ET) dismissed all of Mr McConnell's claims, his appeal to the EAT highlighted significant concerns. His Honour Judge Feeny found that the ET had taken a wrong turn in its consideration of the indirect discrimination and reasonable adjustments complaints.
Specifically, the EAT noted that the original tribunal failed to properly connect the duties causing the claimant's disadvantage, including the pushing and pulling of cages, to the provision, criterion, or practice (PCP) of tipping lorries that the tribunal had already identified. The EAT concluded that these elements of the claim were fundamentally flawed and required a fresh determination.
Legal outcome
The EAT rejected the challenge regarding the assignment of the claimant to the TUPE transfer. It also ruled that the tribunal’s earlier error regarding the victimisation claim was superseded by its clear factual findings on the reason for the employer's actions.
However, due to the identified errors, the EAT directed that the indirect discrimination and reasonable adjustments claims be remitted to a fresh tribunal. The judge noted that a fresh pair of eyes would assist in resolving the matter, particularly given that some time had passed since the original hearing.
Read the entire judgment here: McConnell v WM Morrisons Supermarkets Ltd [2026] EAT 149
