EAT Disability Discrimination : Disability Related Discrimination – The Employment Tribunal failed to take into account important letters from a Consultant Neurologist in deciding whether the Claimant had suffered an epileptic seizure on the day of his aggressive behaviour that led to his dismissal and in deciding whether aggression and amnesia could be the result of a seizure. The Employment Tribunal did not have to accept the medical evidence but should have given it due regard.
Further, the decision of the Employment Tribunal that the Claimant did not suffer a seizure on 19 October 2012 is not Meek-compliant. Claims of disability discrimination arising from the events of 19 October 2012 remitted for rehearing before a differently constituted Employment Tribunal.
Slade DBE J
[2016] UKEAT 0165 – 15 – 2701
Bailii
England and Wales
Employment, Discrimination
Updated: 14 January 2022; Ref: scu.562518
