The time they have taken to get to know us as an organisation has been invaluable and therefore their responsive advice is pragmatic and focused.
Baker v Peninsula Business Services Ltd [EAT] | 2017
The Facts
Mr B had worked for Peninsula for 5 years as a lawyer representing clients in tribunal cases. Peninsula allowed him to carry out some private work.
In January 2014 Mr B told his manager that he had dyslexia. Later, in June 2014, he told another manager that he may not be able to cover a case as he had a disability and it took him longer to do certain things. Before a scheduled call to discuss things, Mr B gave Peninsula a report stating he was dyslexic and this was a ‘learning disability’.
Mr B was referred to occupational health and the report recommended various reasonable adjustments. It also said that Mr B was likely to be disabled.
There was a suspicion Mr B was carrying out work elsewhere when he should have been working for Peninsula and a third manager arranged covert surveillance of him. The covert surveillance found no evidence he was working elsewhere.
Mr B claimed the surveillance and various other acts were harassment (and victimisation). The employment tribunal was not, however, asked to decide whether he was a disabled person and this had not been conceded by Peninsula. The employment tribunal held, however, that the trigger for the surveillance was Mr B’s assertion he had a disability and this was a ‘clear case of harassment related to disability’.
Peninsula appealed.
The EAT decision
Mr B relied solely on his assertion that he had a disability to pursue his claims. The EAT, however, held that Mr B could not succeed in his claim for harassment without first establishing that he was, in fact, disabled. His claim for harassment failed.
In practice
Although there was no requirement for Mr B to establish that he was disabled, the EAT concluded that the employment tribunal had been wrong to decide that the surveillance had been ordered because Mr B had done a protected act, namely asserted he was disabled and that adjustments should be made.
It is also worth remembering that protection against harassment is not just for those who have a disability. For example, a person is protected if the discrimination is because they are associated with someone who has a disability or they are wrongly perceived to have a disability, but this was not argued by Mr B in this case.
Book a phone consultation
Apply for a FREE phone consultation with one of our experienced employment law solicitors to discuss your case, how we can help and how much it is likely to cost.
Selected evening and weekend appointments available.
Tell us about your case
Our online form is the easy way to tell us about your case and employment details.
Short of time? Our ‘save and resume’ features let you save your answers and complete the form later.
Reasons to Choose
Quantrills Solicitors
Trusted advice
Attention to attention
Speed of response
Pragmatic solutions
Becoming our client is a straightforward process. However, before choosing Quantrills as your employment law solicitors you’ll want to be completely sure we are the right people to help you achieve your objectives. Having looked at our web site, if you like our approach and would like to discuss how we can help you, getting started is easy.
Step 1
Get in Contact
Contact us and tell us a little about your problem and the help you are looking for.
Step 2
We’ll contact you
We’ll follow up with a free no obligation initial telephone call or email to discuss your case.
Step 3
Invitation to become our client
Provided we are happy we can help you, we’ll invite you to become our client.
Step 4
You instruct us
If you agree to our invitation, you simply have to confirm this is writing or by email and confirm your instructions.
Step 5
We’ll start to act for you
Congratulations! You are now a client of Quantrills and we’ll start work on your instructions.
At Quantrills we are flexible in how we work with you and how we progress your case...
In Person
Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.
Get DirectionsBy Telephone
Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.
01473 688 100
Or request a call backBy Online Form
Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.
View FormsBy Email
Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.
Email usLatest Employer Knowledge Bank Articles
Use our knowledge bank of employer focused briefing notes, checklists and case reports to obtain trusted and accurate information about key employment law and HR topics to help you learn more about your employment law rights.
View more