Labour Court rejects Ryszard Smoktunowicz’s disability discrimination appeal

The Labour Court rejected Ryszard Smoktunowicz’s appeal over his claim that St Margaret’s Recycling & Transfer Centre Limited discriminated against him by dismissing him because of a disability. In its determination dated 23 March 2018, the Court affirmed the earlier decision, finding that he had not established facts from which disability discrimination could be inferred. The Court found that his employment ended when the company issued his P45, but said unfair dismissal was not the issue before it. The medical documents available at the time referred to lower back pain, and the Court was not satisfied that the company knew or ought to have known he had a disability. His separate race discrimination claim was withdrawn.