Disability discrimination: Dismissal for disability-related misconduct discriminatory
This report relates to 1 case(s)
Hamilton-Bradbury v Claydon House Ltd  All ER (D) 286 (Dec) EAT (0 other reports)
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.