Disability discrimination: Anya principle applied to disability case

Key points

• In Williams v YKK (UK) Ltd 22.11.02 EAT 0408/01, the EAT holds that an employment tribunal was entitled to its conclusion that a disabled employee was dismissed for poor performance and not for a reason connected with her disability, in circumstances where it made a clear finding of fact that the manager who dismissed the employee did so without being aware of her periods of sickness absence connected with her disability.
• There was therefore no possibility that he could have been influenced, even unconsciously, by the employee's sickness record.