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Disability discrimination: decision on proportionality of dismissal - Department of Work and Pensions v Boyers [EAT] 24.06.20 (Unreported)

An employment tribunal erred in finding that the dismissal of an employee after a long sickness absence constituted disability discrimination contrary to the Equality Act 2010 s.15. Having identified that the dismissal pursued the legitimate aims of protecting scarce public funds and reducing the strain on other employees, it focused its analysis of proportionality on the actions and thought-processes of the employer's managers, rather than on a balancing of the needs of the employer in the context of those legitimate aims, and the discriminatory impact on the employee.
Category: Employment » Disability discrimination; Dismissal. Area(s) of law: Employment.
Source: [2020] UKEAT 0282_19_2406.

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