Case round-up: Disability discrimination

This report relates to 1 case(s)

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  HM Prison Service v Beart (No.2) [2005] IRLR 568 CA (1 other report)

  • Disability discrimination: Second unlawful act does not extinguish liability for first

    Date:

    15 July 2005

    In HM Prison Service v Beart (No.2), the Court of Appeal holds that an employer cannot rely on its own second wrongful act to break the chain of causation for the first wrong and, thus, escape liability for damages for it. Liability for disability discrimination could not be avoided simply by dismissing the employee unfairly. Not only would this be unlawful, it would also be contrary to public policy.