DL Insurance Services Ltd v O”Connor: EAT 23 Feb 2018

DISABILITY DISCRIMINATION – Justification
DISABILITY DISCRIMINATION – Burden of proof
The Respondent employer appealed against a decision of the Employment Tribunal (‘ET’) that the Respondent has discriminated against the Claimant on grounds of her disability, contrary to section 15 of the Equality Act 2010.
The Employment Appeal Tribunal (‘EAT’) dismissed the appeal. The EAT held that the ET had been entitled to decide that the Respondent had not justified giving the Claimant a written warning for her sickness absences. It dismissed arguments that the ET had focussed too much on process in its reasoning about justification, and held that the ET’s reasons for its decision were adequate.

Citations:

[2018] UKEAT 0230 – 17 – 2302

Links:

Bailii

Statutes:

Equality Act 2010 15

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 24 April 2022; Ref: scu.618911