Employment Appeal Tribunal Overturns Disability Discrimination Ruling in Redundancy Case
The EAT has upheld a disability discrimination appeal, ruling an employment tribunal relied on illogical evidence and breached principles of natural justice.
• public
The Employment Appeal Tribunal (EAT) has ruled in favour of a former financial assistant, Ms Jacqui McLean, in her appeal against Vallourec Oil & Gas UK Ltd. The case centred on whether her redundancy, which occurred while she was working from home due to a disability, amounted to unlawful discrimination.
Tribunal Erred in Causation Findings
Ms McLean was dismissed during a restructuring exercise. While the original employment tribunal (ET) found the dismissal to be procedurally unfair due to a lack of consultation, it initially rejected her claim for discrimination arising from disability. The ET accepted the employer's argument that it dismissed the claimant because it believed she was incapable of performing an alternative role.
However, the EAT found this reasoning to be logically flawed. The evidence demonstrated that the alternative role only became vacant during the claimant's notice period, well after the decision to dismiss had been made. Consequently, the employer could not have relied on her suitability for that role when the redundancy decision was reached. The EAT substituted a finding that the section 15 Equality Act 2010 claim for discrimination arising from disability succeeded.
Breach of Natural Justice Regarding Polkey
The EAT also addressed the tribunal's findings on the potential for a Polkey reduction. The ET had concluded that the claimant would have been dismissed in any event, effectively applying a 100% reduction in compensation. The EAT determined this was a breach of natural justice, as the issue had not been included in the agreed list of issues or raised during the liability hearing.
Because the parties were denied the opportunity to provide evidence or submissions on this critical point, the EAT remitted the question of the Polkey reduction to the same tribunal for the upcoming quantum hearing. This will allow the tribunal to properly assess the chance of the claimant retaining her role, taking into account the newly established finding of disability discrimination.
Read the entire judgment here: McLean v Vallourec Oil & Gas UK Ltd [2026] EAT 133
