Mr K Osei-Adjei v RM Education Ltd (formely RM Education plc)

JurisdictionUK Non-devolved
JudgeJudge Serota,Mr D Norman,Mr M Worthington
Neutral CitationUKEAT/0461/12/JOJ
CourtEmployment Appeal Tribunal
Subject MatterDisability Discrimination,Not landmark
Date24 September 2013
Published date10 October 2017
Copyright 2013
Appeal No. UKEAT/0461/12/JOJ
EMPLOYMENT APPEAL TRIBUNAL
FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8JX
At the Tribunal
On 4 April 2013
Judgment handed down on 24 September 2013
Before
HIS HONOUR JUDGE SEROTA QC
MR D NORMAN
MR M WORTHINGTON
MR K OSEI-ADJEI APPELLANT
RM EDUCATION LTD (FORMERLY RM EDUCATION PLC) RESPONDENT
Transcript of Proceedings
JUDGMENT
UKEAT/0461/12/JOJ
APPEARANCES
For the Appellant MR K OSEI-ADJEI
(The Appellant in Person)
For the Respondent MS R CRASNOW
(of Counsel)
Instructed by:
Darbys Solicitors LLP
52 New Inn Hall Street
Oxford
OX1 2DN
UKEAT/0461/12/JOJ
SUMMARY
DISABILITY DISCRIMINATION – Compensation
The Claimant suffered an act of disability discrimination by reason of the Respondent’s failure
to make a reasonable adjustment. He was for a time unfit to work but at the time of the
termination of his Employment he was fit to return to work, his job was open to him and all
reasonable adjustments had been or would be made. He resigned and asserted that there had
been a constructive unfair dismissal. The Employment Tribunal held that he had not been
dismissed and that the resignation broke the chain of causation so far as any future loss of
earnings was concerned. The Claimant sought to argue on the authority of Prison Service v
Beart no 2 [2005] ICR 1206 that the termination of his employment could not amount to a
novus actus interveniens that broke the chain of causation. The Employment Appeal Tribunal
held that Beart was authority for the proposition that an employer who had unfairly dismissed a
claimant could not rely upon its wrongful act to minimise the claimant’s compensation. That
principle did not apply in cases where the termination of the employment was brought about by
the voluntary act of the claimant; Ahsan v Labour Party (2011) UKEAT/0211/10 applied.
Where a claimant suffered psychological or other injury as a result partly of the wrongful act of
his employer and partly for reasons that were not the fault of the employer the compensation
stood to be assessed by reference to the relative contribution of the employer’s wrongful act to
the injury in question and discounting from the award the effect of other contributing causes.
On the facts of this case the Claimant’s award stood to be reduced.

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