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Bolton St Catherine's Academy v O'Brien [CA] 15.03.17 (Unreported)

A finding that the dismissal of an employee disabled by long term sickness was disproportionate for the purposes of the Equality Act 2010 s.15 meant also that the dismissal was not reasonable for the purposes of the Employment Rights Act 1996 s.98(4). The language in which the two tests was expressed was different, but there was no reason to judge the dismissal by one standard for the purposes of unfair dismissal, and by a different standard for the purpose of discrimination law. The two tests, whilst having different burdens of proof, should not lead to two different results.
Category: Employment » Disability discrimination; Dismissal; Sickness; Stress at work. Area(s) of law: Employment.
Source: [2017] EWCA Civ 145.

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