Discrimination arising from disability: Absence was context for and not effective cause of redundancy

Charlesworth v Dransfields Engineering Services Ltd EAT/0197/16

discrimination arising from disability | less favourable treatment | redundancy

The Employment Appeal Tribunal (EAT) has held that the employee's disability-related absence was not the effective cause of the employer's decision to make the employee redundant. Rather, the absence was part of the context in which the employer identified the opportunity to restructure its business and eliminate the employee's post.