Disability-related dismissal

Case 15: The facts

Mr Shepherd was dismissed from his job because of his repeated lateness for work, the last instance of which occurred less than three weeks after he had received a final written warning. He claimed that his lateness was related to his dyslexia and that his dismissal amounted to disability discrimination.

The ruling

The Employment Appeal Tribunal (EAT) upheld the tribunal’s decision that there was no disability discrimination and that Shepherd’s dismissal was fair. The first time he was late, Shepherd had not looked at the right document; the second time, he claimed to have misread the roster because there was no light on it, but admitted under cross-examination that he had not got up in time; the third time, he had not left home early enough. His dismissal was not, therefore, related to his disability.

The EAT also upheld the finding that Shepherd had not been placed at a substantial disadvantage by his dyslexia, so there had been no failure to make adjustments.

Shepherd v New Southern Railway t/a Southern UKEAT/0562/06