A tribunal is entitled to dismiss a discrimination claim when an alleged disability dismissal was only known about by the employer after the dismissal. The Employee was a paralegal in a firm of solicitors, dismissed in her probationary period for poor performance. She raised a grievance, referring to disability, making the Respondent aware of it. This complaint was rejected and so was the appeal. She brought a claim alleging that her dismissal was discriminatory, without complaining about the grievance and appeal. The tribunal held that the Respondent did not know and would not reasonably have been expected to have known, about disability when dismissing. The EAT also held on the facts, it was purely about the Claimant's dismissal and not what happened afterwards. The tribunal wasn’t wrong to have only considered if the dismissal was discriminatory, the grievance and appeal were not part of this. Knowledge or constructive knowledge of disability acquired after the dismissal could not assist the claimant.
Here's the full case Stott v Ralli Ltd.
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