Workplace Report October 2005

Features: Law Disability Discrimination

Discriminatory dismissal

Case 1: The facts

Mr Taylor, who is profoundly deaf, was dismissed for misuse of his employer's e-mail system. He was not provided with an interpreter or any written details of the allegations at his disciplinary hearing. A tribunal found that he had not fully understood what had happened at the hearing, including the fact that he had been dismissed.

The ruling

The Employment Appeal Tribunal held that the employer had a duty to make adjustments in the disciplinary procedure. Taylor's inability to participate in the hearing was at least part of the reason for his dismissal; this made the dismissal both unfair and discriminatory.

OCS Group v Taylor UKEAT/0803/04