Disability discrimination ruling

Court of Appeal upheld the ruling of the Employment Appeal Tribunal that an employee had been unfairly dismissed and unlawfully discriminated against on the grounds of disability. The employee left work on sick leave because of depression, and a report from an occupational health consultant recommended relocation to another post. This was not acted upon by the employer. Disciplinary proceedings were brought against the employee by the employer, which resulted in her dismissal. The employer claimed justification for the dismissal but this was rejected by the Court of Appeal because of the lack of direct evidence to justify its failure to act on the duty of care in the Disability Discrimination Act 1995.