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Dismissed employee’s medical condition ‘was not a disability’

Posted: 8th October 2014   In: Business Employment

A judge “was wrong” to rule that a woman had been unfairly dismissed by her employers because of her disability.

The woman suffered with fibromyalgia and had an ovarian tumour. She worked for the company from May 2011 until she was dismissed in April 2012.

She took the case to court, claiming she had been discriminated against because of her disability.

She said she had endured a campaign of abuse and degrading treatment from her employers during her time at the company.

The woman listed numerous medical ailments from which she had suffered from as far back as 2008, and the many symptoms that went with them.

The company denied the alleged campaign of abuse had taken place, and said that the dismissal had nothing to do with any disability, but was necessary because of poor performance.

The judge accepted that the woman’s listed medical conditions and symptoms amounted to disability, and ruled in her favour.

The company took the case to the Employment Appeal Tribunal, which overturned the decision.

It ruled that the judge had failed to specify which medical condition meant the woman was disabled within the Equality Act 2010.

The woman’s medical history from before she joined the company should not have been considered, and she needed to have provided actual medical evidence to validate her claims.

The ruling of unfair dismissal because of disability discrimination was overturned.

Please contact John Carter if you would like more information about the issues raised in this article or any other aspect of employment law.