Disability Discrimination
It was not perverse for an ET to make findings as to the true reason for the dismissal which were entirely at odds with the case that the Respondent had originally advanced. The Respondent’s case had been prepared chaotically but the ET had been able to establish the true reason for the Claimant’s dismissal which was not connected with his admitted he disability. Although it was unfortunate that the ET made no reference to s136 of the Eq A, dealing with the shifting burden of proof, there is no formal requirement for it to do so. Contrary to the Claimant’s submissions there was an evidential basis for the ET’s findings.
Citations:
[2020] UKEAT 0307 – 19 – 1112
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 24 November 2022; Ref: scu.661672
