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Disability discrimination: Dismissal for disability-related misconduct discriminatory

This report relates to 1 case(s)

  • expand disabled

    Hamilton-Bradbury v Claydon House Ltd [2004] All ER (D) 286 (Dec) EAT (0 other reports)

Key points

In Claydon House Ltd v Hamilton Bradbury, the EAT holds:

  • Where an employee was dismissed for gross misconduct it may be consistent for an employment tribunal to find that the reason for dismissal was also disability-related.
  • In such a case, the tribunal had approached compensation incorrectly on a "just and equitable" basis rather than by reference to the Disability Discrimination Act 1995's tortious approach.