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Disability discrimination: Causation must be considered where employee chooses retirement over redundancy

This report relates to 1 case(s)

  • expand disabled

    Catherall v Michelin Tyre plc [2003] IRLR 61 EAT (0 other reports)

Key points

  • In Catherall v Michelin Tyre plc [2003] IRLR 61, the EAT holds that where a disabled employee is given the option of redundancy or retirement and opts for the latter, it is necessary for a tribunal to consider why the employee is accepting that option. If the option being put to the employee is not whether he or she wants to terminate his or her employment, but simply how it will be terminated, this in itself could amount to a dismissal.
  • Where, however, the "threat" of dismissal merely provides the opportunity for terms to be negotiated which prove satisfactory to the employee, no dismissal will have taken place.
  • The reference to "dismissal" under the Disability Discrimination Act 1995 is broad enough to include a reference to a constructive dismissal.