Disability Appeal and Apeals Procedures
Weekly Law Reports Case Summaries
Dismissal for Disability / Rights of Appeal
Taylor v OCS Group Ltd [2006] EWCA Civ 1289
CA
31 May 2006
Daily Law Notes Report Summary
Where an employment tribunal considering an unfair dismissal claim
looked to the fairness of a dismissal for misconduct, and the
employee had a contractual right of appeal against a decision to
dismiss, care must be taken to avoid the wrong approach to the
terms “rehearing” and “review” in the case law. In considering a
disabled person’s claim that he was dismissed, contrary to ss 4(2)
and 5(1) of the Disability Discrimination Act 1995, for a reason
which related to his disability, it was an error to contend that
it was not necessary to show that the disability-related reason
was present in the employer’s mind.
And see the Daniel Barnett Commentary in