Amova Asset Management UK Ltd ("formerly Nikko Asset Management Europe Ltd")

Case Summary

The claimant appealed the ET's rejection of his section 15 disability discrimination claim relating to his dismissal and his claim for unfair dismissal. The ET concluded that his dismissal was not because of the 'something arising' identified in the agreed list of issues, and rejected the claimant's attempted re-formulation of the 'something arising'. The ET found that even on the re-formulation, the dismissal was a proportionate means of achieving a legitimate aim.

The ET found that the claimant's dismissal was not caused by the 'something arising' relied upon for his disability discrimination claim, and that even under the claimant's attempted reformulation, the dismissal was a proportionate means of achieving a legitimate aim. The unfair dismissal claim was also rejected on its merits.

• •The claimant appealed the London Central Employment Tribunal's rejection of his claim for disability related discrimination under section 15 Equality Act 2010 in relation to his dismissal and his claim for unfair dismissal

Judgment approved by the court for handing down Khakimov v Amova Asset Management UK Ltd (formerly “Nikko Asset Management Europe Ltd”) © EAT 2026 Page 1 [2026] EAT 47 Neutral Citation Number: [2026] EAT 47 Case No: EA-2023-001460-NK EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 27 March 2026 Before : MRS JUSTICE HEATHER WILLIAMS DBE - - - - - - - - - - - - - - - - - - - - - Between : MR SAIDALI KHAKIMOV Appellant - and - AMOVA ASSET MANAGEMENT UK LIMITED (FORMERLY "NIKKO ASSET MANAGEMENT EUROPE LIMITED") Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dilfuza Kasimova (non-legal representative) for the Appellant Andrew Smith (instructed by CMS Cameron McKenna Nabarro Olswang LLP) for the Respondent Hearing dates: 17 & 18 February 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Khakimov v Amova Asset Management UK Ltd (formerly “Nikko Asset Management Europe Ltd”) © EAT 2026 Page 2 [2026] EAT 47 SUMMARY The claimant appealed the London Central Employment Tribunal’s (“ET”) rejection of his claim for disability related discrimination under section 15 Equality Act 2010 in relation to his dismissal and his claim for unfair dismissal. The ET concluded that his dismissal was not because of the “something arising” identified in the agreed list of issues. The ET also rejected a re-formulation of the “something arising” advanced by the claimant’s counsel in closing submissions. The ET found, in the alternative, that even on counsel’s re-formulation, whilst section 15(1)(a) would then be satisfied, the respondent had established that the dismissal was a proportionate means of achieving a legitimate aim. The EAT dismissed the appeal. The ET had applied the correct test, as set out in Pnaiser v NHS England [2016] IRLR 170 EAT, …