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Disability discrimination: "Dismissal" does not include constructive dismissal

This report relates to 1 case(s)

The phrase "by dismissing him" in s.4(2)(d) of the Disability Discrimination Act 1995 ("the DDA") does not include a constructive dismissal, holds the EAT in Commissioner of Police of the Metropolis v Harley 19.2.01 EAT 518/00. If the EAT is wrong about that, or if on a constructive dismissal the employee has been "subjected to any other detriment", then the EAT holds that the "act complained of" in para. 3(1) of Schedule 3 to the DDA, from when the three-month limitation period starts to run, is the alleged repudiatory breach by the employer.