In the case of Mohammed v Cummins Ltd, a Chief Machinist, Mr Mohammed, had worked for Cummins, a global designer and manufacturer of diesel and alternative fuel engines for more than 25 years.
He was given a final written warning for aggressive behaviour; shortly thereafter, he was diagnosed as suffering from anxiety and depression and began a period of sick leave. On the advice of his GP, Mr Mohammed travelled to Pakistan, believing that he had his employer’s permission to do so. When he was unavailable for a meeting with his employer to discuss his occupational therapy report, which appeared to show that he was fit to return to work, he was dismissed without notice.
Mr Mohammed claimed disability discrimination and unfair dismissal, and the ET upheld his claim, ordering Cummins Ltd to pay compensation including an award for injury to feelings. Cummins appealed on the grounds that the ET had not properly determined it’s reason for the dismissal, but appeared to have accepted a “but for” analysis of the question of whether the dismissal was because of “something” arising in consequence of disability, and that the ET substituted its own decision for that of the employer in concluding that the dismissal was unfair.
The EAT held that the ET erred in law in its approach both to the decision that Mr Mohammed had been dismissed because of “something” arising in consequence of his disability (namely, his visit to Pakistan) and to the decision that he had been unfairly dismissed. Accordingly, the matter would be remitted to a fresh ET for a further full hearing.
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