EAT CONSTRUCTIVE UNFAIR DISMISSAL
DISABILITY DISCRIMINATION
Direct disability discrimination/Disability related discrimination/ Reasonable adjustments
The Claimant claimed constructive unfair dismissal and disability discrimination, taking the form of direct discrimination, disability related discrimination and the failure to make reasonable adjustments. The Respondent contended it did not dismiss her, for she took early retirement and she was treated no differently from any other person within its employ. Deposit and corresponding costs orders were made. Employment Tribunal Judgment upheld. Retirement which terminates a contract of employment by mutual consent does not fall within the Employment Rights Act 1996 s95(1)(c). Malcolm would be followed in preference to Clark v Novacold although full argument on a new point of appeal was not advanced.
Citations:
[2008] UKEAT 0204 – 08 – 2409
Links:
Statutes:
Employment Rights Act 1996 95(1)(c)
Citing:
Cited – London Borough of Lewisham v Malcolm HL 25-Jun-2008
Unrelated Detriment was no Discrimination
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 23 July 2022; Ref: scu.317873