Ali v Torrosian & Ors T/A Bedford Hill Family Practice UKEAT/0029/18/JOJ

Appeal against the dismissal of the Claimant's claim of unfavourable treatment under s15 EA 2010. Appeal allowed.

The Claimant, who was disabled within the meaning of the EA 2010 having suffered a heart attack, was dismissed after the other doctors in the practice failed to consider him returning to part-time work. The ET found that his dismissal was procedurally unfair but dismissed his claim of disability discrimination, saying that while the Claimant's dismissal was unfavourable treatment, it had been a proportionate means of achieving a legitimate aim (of providing the best possible patient care). The Claimant appealed against the rejection of his s15 EA claim.

The EAT allowed the appeal. The ET's reasoning on the question of proportionality did not include any consideration of the possibility of part-time working as an alternative and less discriminatory means of achieving the Respondents' legitimate aim. The ET had only considered the issue of part-time working in respect of the Claimant's unfair dismissal claim, when the ET recorded that the Respondents had accepted this had been a possibility.

http://www.bailii.org/ew/cases/EWCA/Civ/2001/529.html

Published: 04/07/2018 11:22

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