Source: All England Reporter
Publisher Citation: [2006] All ER (D) 216 (Apr)
Court: Employment Appeal Tribunal
Judge:

Judge McMullen QC, Mr J Shrigley and Mr D Jenkins

Representation John-Paul Waite (instructed by Duncan Lewis & Co) for the employee.
  Richard Gregory (instructed by Griffith Smith Solicitors, Brighton) for the employer.
Judgment Dates: 10 April 2006

Catchwords

Employment - Disability - Discrimination - Employee HIV positive - Employee suspended and subsequently dismissed following informing management of his condition - Employment tribunal upholding employee's complaint of disability discrimination - Whether tribunal erring - , s 3A.

The Case

The Employment Appeal Tribunal allowed in part the employer's appeal, finding, inter alia, that the employment tribunal had erred in its consideration of s3A of the and in imputing relevant circumstances to the hypothetical comparator for the employee.

Practice Areas

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