Fujitsu's Dismissal of Employee with ADHD and ASD Upheld by EAT
The EAT has ruled in favour of Fujitsu, upholding the dismissal of an employee who claimed disability discrimination after being sacked for inappropriate workplace messages.
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Fujitsu Wins Disability Discrimination Appeal Over Employee Dismissal
The Employment Appeal Tribunal (EAT) has dismissed an appeal by Mr. T Duncan against Fujitsu Services Ltd, upholding the original Employment Tribunal (ET) decision regarding his dismissal. Mr. Duncan claimed disability discrimination after being dismissed for sending inappropriate and offensive messages via the company's Slack communication platform.
Mr. Duncan, who has Attention Deficit Hyperactivity Disorder (ADHD) and Autistic Spectrum Disorder (ASD), argued that the language he used was a consequence of his disability. He claimed the ET failed to adequately consider whether the use of such language arose directly from his condition and that the dismissal was not a proportionate response.
The Original Employment Tribunal Findings
The initial ET acknowledged that some of Mr. Duncan's comments were related to his disability. However, it concluded that Fujitsu's decision to dismiss him was a proportionate means of achieving legitimate business aims, such as preventing threatening language, harassment, and potential violence in the workplace.
EAT's Decision
His Honour Judge Tariq Sadiq, presiding over the EAT, found that the ET had properly considered Mr. Duncan's arguments regarding the connection between his disability and his behaviour. The EAT also agreed that the ET had correctly assessed whether dismissal was a proportionate response, taking into account alternative sanctions.
The EAT noted that the language used by Mr. Duncan was "very strong examples of foul language and abusiveness towards colleagues, and a profound lack of respect for the employer." The tribunal also considered that the messages were sent during work time and that Mr. Duncan had attempted to justify his remarks, indicating an awareness that they were inappropriate.
Key Legal Points
The case hinged on Section 15 of the Equality Act 2010, which deals with discrimination arising from disability. The EAT reaffirmed the importance of establishing a causal link between the disability and the unfavourable treatment, as well as the employer's ability to demonstrate that the treatment was a proportionate means of achieving a legitimate aim.
The EAT referenced the case of Risby v London Borough of Waltham Forest, which established that even if misconduct arises partially from a disability, the employer can still justify dismissal if it is a proportionate response to legitimate business concerns.
Ultimately, the EAT found that Fujitsu had acted proportionately in dismissing Mr. Duncan, given the severity of the offensive language and the need to maintain a safe and respectful workplace environment.
Read the entire judgement here: Mr T Duncan v Fujitsu Services Ltd [2025] EAT 44
