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Marks and Spencer Plc v Powell: EAT 1 Mar 2011

EAT DISABILITY DISCRIMINATION – Reasonable adjustments
UNFAIR DISMISSAL – Constructive dismissal
Employment Tribunal (a) found the wrong comparator; (b) found a reasonable adjustment to encourage a disabled employee to return to work was to hold a disciplinary hearing whilst she was on sick leave; (c) found that a failure to do so amounted to constructive dismissal. Appeal allowed on all 3 grounds. The EAT decided that the claims should be dismissed.

Judges:

Birtles J

Citations:

[2011] UKEAT 0258 – 10 – 0103

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 13 July 2022; Ref: scu.430307

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