Royal Mail Wins Disability Discrimination and Unfair Dismissal Case Appeal
Royal Mail has won an appeal against a former employee's claims of disability discrimination and unfair dismissal, with the Employment Appeal Tribunal upholding the original tribunal's decision.
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Royal Mail Prevails in Employment Appeal Tribunal
Royal Mail Group Ltd has successfully defended an appeal brought by Mr P Kirby, a former postman, who claimed unfair dismissal and discrimination because of something arising in consequence of disability. The Employment Appeal Tribunal (EAT) upheld the original Employment Tribunal's decision, finding no error of law in its judgment.
Background of the Case
Mr Kirby was employed by Royal Mail as a postman from June 2004. He had a recognised disability, namely stress, anxiety, and depression, from May 2012. The case centred around three incidents in October 2019, including:
- Refusal to commence his delivery round and alleged abusive behaviour towards a manager.
- Facebook posts criticising colleagues' treatment of another employee.
- Aggressive behaviour during a suspension meeting.
Following an investigation, Mr Kirby was dismissed for abusive behaviour and a serious breach of the company's communications policy. His subsequent appeal within Royal Mail was unsuccessful, leading to his Employment Tribunal claim.
Tribunal and EAT Decisions
The Employment Tribunal dismissed Mr Kirby’s complaints. It found that his dismissal was fair and not discriminatory. The tribunal considered evidence relating to Mr Kirby's conduct and Royal Mail's policies. The EAT has now upheld that decision. His Honour Judge James Tayler found no error of law in the original tribunal's decision.
The EAT rejected the argument that Mr Kirby's actions were necessarily a consequence of his disability. The EAT also noted that the Employment Tribunal had concluded that the dismissal was a proportionate means of achieving a legitimate objective, which was not successfully challenged in the appeal.
Key Points of the Judgment
The EAT emphasised that it can only overturn Employment Tribunal decisions on points of law. It cannot simply disagree with the facts as found by the original tribunal. The EAT also noted that the question of whether something arises in consequence of disability is a question of fact for the Employment Tribunal to determine.
The EAT found that the tribunal was entitled to rely on the occupational health report obtained by Royal Mail, even though the referral didn't mention Mr Kirby saying he “felt like killing himself”. The EAT stated that it is for the person attending the assessment to explain any detail of what has occurred.
Ultimately, the EAT dismissed the appeal, supporting the original decision that Mr Kirby's dismissal was fair and not an act of discrimination.
Read the entire judgement here: Mr P Kirby v Royal Mail Group Ltd [2025] EAT 141
