Challenge To The ‘Justification’ Defence
The Claimant was dismissed for lack of capability due to ill health. The Tribunal permitted the Respondent to introduce medical evidence about the Claimant’s medical condition after the dismissal (and the refusal of the appeal) that was irrelevant to the claims that she had brought of unfair dismissal, failure to make reasonable adjustments and discrimination because of something arising in consequence of disability, that were to be determined as a matter of liability only. In respect of the claim of discrimination because of something arising in consequence of disability the Tribunal failed to consider the Claimant’s challenge to the ‘justification’ defence. In so doing the Tribunal erred in law.
[2021] UKEAT 0318 – 19 – 0207
Bailii
England and Wales
Updated: 12 July 2021; Ref: scu.663596 br>