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Approach to DDA dismissals

This report relates to 1 case(s)

In Butterfield v Rapidmark Ltd the EAT has summarised the proper approach to be taken under the Disability Discrimination Act 1995 to cases of dismissal.

According to Judge Clark, once it has been established that the applicant is disabled, that the employer knew that he or she was disabled and the applicant was dismissed by the employer, the proper approach is:

"(1) has the appellant shown that the reason for his dismissal was related to his disability; if not, the claim under s. 5(1) and 4(2)(d) fails, but if so:

(2) was the appellant treated less favourably for a reason relating to his disability than the respondent treated or would treat others to whom that reason does not or would apply? If not, this part of the claim fails, but if so:

(3) has the respondent shown that his treatment of the appellant is justified?


(1) did the duty arise under s.