Objective justification and disability Summary The employer has a defence to discrimination arising from disability (s.15) and, less importantly in practice, indirect discriminati...
Illness and unfair dismissal Summary There is a separate section on Unfair dismissal generally. This page looks at unfair dismissal particularly in the context of illnes...
Unfair dismissal: the rules Summary Claims for unfair dismissal represent the largest individual type of claim brought in the employment tribunal. Unfair dismissal can ...
Discrimination arising from disability (EqA s.15) Summary Discrimination arising from disability is wide, and is much used by employees and job applicants. This wide scope is balanced by the...
‘Tendency to steal’: disability discrimination The EAT upheld the tribunal’s right to decide whether there was dishonesty in deciding if a claimant with dissociative amnesia had a &...
Discrimination arising from a disability: misconduct cases The Court of Appeal has confirmed that employers who know of a disability can be liable for disability discrimination for imposing a disprop...
Is the worker fit to attend? Summary In an increasing number of cases, employees accused of misconduct go absent with stress, and submit that they are too unwell to atte...
False sickness claims and unfair dismissal The EAT held that the claimant’s exaggeration of his symptoms was gross misconduct, and his dismissal was fair. The EAT in Metroline W...