Lloyds Pharmacy Faces Appeal Over Discrimination Ruling
An Employment Appeal Tribunal has partially allowed an appeal against a ruling concerning disability discrimination.
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Employment Tribunal Overturns Key Aspects of Discrimination Finding Against Lloyds Pharmacy
The Employment Appeal Tribunal has partially allowed an appeal brought by a former employee, Mr A Singha, against a previous Employment Tribunal decision concerning claims of disability discrimination and victimisation against Lloyds Pharmacy Limited (now Diamond DCO Two Limited in creditors’ voluntary liquidation).
Disability Status Re-examined
The initial tribunal had dismissed Mr Singha's complaints. However, the Employment Appeal Tribunal, presided over by The Hon. Lord Fairley, found that the original tribunal had erred in its assessment of the appellant's disability status. Specifically, the appeal judges agreed that the tribunal had incorrectly concluded that Mr Singha's condition, described as stress, anxiety, and depression, did not have a substantial and long-term adverse effect on his day-to-day activities. The complexities surrounding his disability status will now be considered by a differently constituted tribunal.
Victimisation Claim Dismissed
While the appeal concerning disability discrimination was allowed, the appeal against the dismissal of the victimisation complaint was refused. The tribunal found no error in the original decision regarding the victimisation claim, concluding that while Mr Singha had engaged in a protected act and experienced detriments, these were not caused by that protected act.
The case highlights the importance of a thorough and evidence-based assessment of disability status and causation in employment law. Lloyds Pharmacy Limited, the respondent, did not appear at the appeal hearing.
Read the entire judgment here: Mr A Singha v Diamond DCO Two Ltd (in Creditors’ Voluntary Liquidation) EAT 203
