The Court of Appeal has given short shrift to a police officer's disability discrimination claim over his police force's actions after he displayed violent tendencies at a Christmas party that led his colleagues to fear for their safety.
In Martin v Devonshires Solicitors EAT/0086/10, the EAT held that, where an employer dismisses an employee in response to his or her protected act, the employer may not have unlawfully victimised the employee where the reason for the dismissal was some feature of the protected act that can be treated as separable.
The Employment Appeal Tribunal has confirmed that a paid volunteer is not an employee for the purposes of the Disability Discrimination Act 1995 where there is no mutuality of obligation between the parties.