Employment ruling shows value of dismissal alternatives

In an article for Law360, associate Asten Hawkes and solicitor Larissa Hawkins discuss the alternatives to dismissal for employers.

This article covers a recent case relating to the Department of Work and Pensions v. Boyers in which the Employment Appeal Tribunal provided a useful reminder to employers of the risks of dismissing employees for long-term sickness absence. It also shows the importance of demonstrating that alternatives have been fully explored and suitably tested out where appropriate before resorting to the final option — dismissal.

‘Discrimination arising from disability, as prohibited by Section 15 of the U.K. Equality Act 2010, occurs where a person — in this case, an employer — treats another person — an employee — unfavorably because of something arising in consequence of the employee’s disability, and that treatment cannot be objectively justified as a proportionate means of achieving a legitimate aim – Section 15(1)(b).’

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Subscribers can access the full article, here.