Law digests: 4 November 2022

Discrimination

Bryce v Trident Group Security Ltd [2022] EAT 137, [2022] All ER (D) 137 (Feb)

The Employment Appeal Tribunal (the EAT) allowed, in part, the claimant’s appeal in employment tribunal (ET) proceedings brought against the defendant company. The claimant, who suffered from two disabilities: Asperger’s syndrome and dyslexia, brought claims of disability discrimination, whistleblowing detriment and automatically unfair dismissal (the claims), arising out of two shifts he had worked for the defendant as a door supervisor. The defendant contended that the claimant had worked for a trial weekend, that he had not been its employee, and that it had not been aware of his disabilities. The claims were dismissed, under r 38(1) of the Employment Tribunals Rules (The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 (the Rules)), because the claimant had failed to comply with an unless order within the specified time. On an application determined on paper, the ET refused to grant the claimant relief from sanctions under r 38(2) of the Rules. The EAT ruled