What does this mean
The outcome of an appeal against a dismissal is “integral to the overall decision to dismiss”. The tribunal should therefore have considered the appeal decision as part of the claim relating to dismissal, and decided whether the appeal decision was discriminatory.
What should employers do?
Employers should take into account a person’s disability even if they don’t learn about it until the appeal hearing.
Case reference: Baldeh v Churches Housing Association of Dudley and District Limited