In Frewin v Consignia plc the EAT holds that in considering the fairness of a dismissal on the ground of incapacity, an employment tribunal is entitled to take into account the fact that the incapacity was caused by the employer.
In Wilding v British Telecommunications plc, the Court of Appeal upholds a decision by an employment tribunal that, by refusing an offer of part-time re-employment, an employee who had been unfairly dismissed and discriminated against on the ground of his disability had thereby failed to mitigate his loss.
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