Source: All England Reporter
Publisher Citation: [2003] All ER (D) 132 (Jan)
Court: Employment Appeal Tribunal

Burton J, Mr I Ezekiel and Mr S Springer

Representation Declan O'Dempsey (instructed by Russell Jones & Walker) for the employee.
  Tess Gill (instructed by Eversheds, Cardiff) for the employer.
Judgment Dates: 21 October 2002


Discrimination - Disability discrimination - Employment - Justification - Justification of failure to make adjustments - Justification of dismissal on grounds of ill-health - ss 5(1)(b), 5(2)(b), 6.

The Case

In all the circumstances, an employment tribunal had failed to properly consider the employer's defence of justification under ss5(1)(b) and 5(2)(b) of the in relation to the employer's discriminatory dismissal of the employee.

Practice Areas

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