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Disability discrimination: Risks of employing man with schizophrenia justified dismissal

This report relates to 1 case(s)

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    A v Hounslow London BC [2001] All ER (D) 128 (Jul) EAT (0 other reports)

In A v Hounslow 11.7.01 EAT 1155/98, the EAT upholds a tribunal's decision that incalculable risks were presented by the employment of a man with schizophrenia as a laboratory technician at a school, in circumstances where he took no medication for his condition and had previously entertained fantasies of mass murder, and that the employer was justified in its decision to dismiss him upon the available information and without seeking further evidence from medical experts. Moreover, the application of the Human Rights Act 1998 made no difference to the construction of the relevant provisions of the Disability Discrimination Act 1995 or the Code of Practice, in that it did not place a higher threshold of proof of justification than was set by those provisions when considered without reference to, or reliance upon, human rights law.