EAT DISABILITY DISCRIMINATION – SECTION 15
DISABILITY DISCRIMINATION – BURDEN OF PROOF
Claimant dismissed for redundancy – Not given the chance to apply for two vacancies for which the Tribunal considered she was potentially appointable – Claimant had a history of absences due to operations for a knee condition which constituted a disability – Tribunal holds, applying the burden of proof provisions, that the failure to give her the chance to apply for the vacancies was because of her absences and accordingly fell within the terms of section 15 of the Equality Act 2010.
Held (by a majority), allowing the appeal, that there was no evidence that the relevant decision-taker was aware of the Claimant’s absence history and that the burden of proof had accordingly not shifted.
Judges:
Underhill J
Citations:
[2013] UKEAT 0395 – 12 – 2604
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 17 November 2022; Ref: scu.473020
