Can a dismissal amount to a detriment for the purposes of s13 and s15 Equality Act 2010 even if the Claimant is later reinstated?
Yes, held to the EAT in Jakkhu v Network Rail.
The Claimant was potentially at risk of redundancy, and given notice. The Respondent later discovered the notice was given too early, in breach of an agreement with relevant trade unions. It ought to have offered to retract the notice when it discovered the error but did not. It allowed the notice to expire, although it later retracted it, and the Claimant returned to a different role.
The Claimant had a history of disability related sickness. He alleged direct disability discrimination, unfavourable treatment arising in consequence of disability, and victimisation. The tribunal viewed what had happened through "the prism of the case law on dismissal" and concluded that reinstatement meant the dismissal vanished.
The EAT disagreed. A dismissal, even if subsequently withdrawn, can give rise to a detriment.
Thanks to Charles Murray of Queen Square Chambers for preparing this case summary.