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Disability discrimination: Dismissal of deaf employee discriminatory and unfair

This report relates to 1 case(s)

  • expand disabled

    Taylor v OCS Group Ltd [2005] All ER (D) 344 (May) EAT (0 other reports)

Key points

In OCS Group Ltd v Taylor 3.6.05, EAT/0803/04/MAA, the EAT holds:

  • The employment tribunal was correct to find that a profoundly deaf employee, unable to participate fully in his disciplinary hearing or defend himself against allegations of misconduct, had been unfairly dismissed.
  • The employment tribunal had correctly applied the judgment in the EAT case Whitbread & Co Plc v Mills [1988] IRLR 501, which deals with the distinction between an internal review and a full disciplinary re-hearing and the consequences of each.