EAT Unfair dismissal – Reinstatement/re-engagement
Practice and Procedure – Adequacy of Reasons
Claimant was a radiographer who became unable to do clinical work as a result of illness and was made redundant – Tribunal held that she was unfairly dismissed because of lack of consultation about alternatives and that she had suffered disability discrimination because it would have been a reasonable adjustment for the Trust to retain her on non-clinical duties – At the remedy hearing over a year later it ordered reinstatement – Case remitted to fresh Tribunal because of inadequate reasons and because the Tribunal appeared to have relied on its earlier finding about reasonable adjustment as at the date of dismissal without considering the practicability of reinstatement at the current date and in the light of fresh evidence called – Observations on relevance of duty under s. 4A of Disability Discrimination Act 1995 to exercise of discretion to order reinstatement.
Judges:
Underhill J
Citations:
[2007] UKEAT 0085 – 07 – 2206, UKEAT/0085/07/LA
Links:
Cited by:
Cited – Oyarce v Cheshire County Council CA 2-May-2008
The court was asked as to whether the provisions for the reversal of the burden of proof in discrimination cases was limited to findings of discrimination or extended also to issues of victimisation, and as to whether section 5A had properly . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 11 July 2022; Ref: scu.253731