Employment Appeal Tribunal Remits Disability Discrimination Case Against Birmingham City Council
The Employment Appeal Tribunal has ordered a partial retrial in a disability discrimination case, citing errors regarding time limits and employer knowledge of disability.
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EAT Directs Reconsideration of Disability Discrimination Claims
The Employment Appeal Tribunal (EAT) has partially allowed an appeal by an employee against Birmingham City Council, following a dispute concerning disability-related harassment and unfair dismissal. His Honour Judge Feeney ruled that the original tribunal made legal errors regarding time limits and the assessment of whether the employer had knowledge of the claimant's disability.
The case centres on disciplinary proceedings initiated after an incident involving the claimant and a colleague. While the council admitted liability for unfair dismissal and unpaid leave, the tribunal initially dismissed the claimant's complaints of disability and age discrimination. The claimant subsequently challenged these findings, arguing that the tribunal failed to properly consider whether the continuation of disciplinary proceedings constituted discrimination arising from disability.
Tribunal Errors Identified
In his judgment, His Honour Judge Feeney identified key areas where the original tribunal fell into error. Specifically, the tribunal was found to have incorrectly concluded that no evidence was provided to explain why the claimant’s tribunal claim was presented late. The EAT noted that the tribunal failed to consider relevant passages in the claimant's witness statement and his closing submissions, which addressed the challenges of initiating proceedings while suffering from mental ill health.
Furthermore, the EAT found that the tribunal did not adequately explore whether the council acquired knowledge of the claimant's PTSD between June 2022 and his resignation in October 2022. This knowledge is crucial for determining whether the continuation of disciplinary action amounted to discrimination arising from disability under Section 15 of the Equality Act 2010.
Outcome and Remittal
The EAT dismissed the claimant's appeals regarding age discrimination and certain harassment claims. However, the case will return to the original tribunal to re-examine specific issues: including whether the council had constructive knowledge of the disability, whether the disciplinary process was justifiable, and whether it is just and equitable to extend time for the late claims.
The EAT rejected calls for a new tribunal panel, noting that the original members were best placed to revisit the evidence. The case will now be reconsidered in light of the EAT's guidance on these legal points.
Read the entire judgment here: XYZ v Birmingham City Council [2026] EAT 152
