13 Jun Redundancy following sickness absence was not discrimination arising from disability

The EAT has upheld a tribunal’s decision that making an employee redundant after a period of disability-related sickness absence was not discrimination arising from disability. Although it had become apparent to the employer during the employee’s absence that it could manage without his post, this was not sufficient on the facts to meet the causative test for discrimination arising from disability set out in section 15 of the Equality Act 2010. The tribunal was entitled to find that although there was some link between the employee’s absence and the decision to make him redundant, this was not the same thing as finding that he was dismissed because of his absence. (Charlesworth v Dransfields Engineering Services Ltd UKEAT/0197/16.) Source – PLC on Employment Law



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