Discriminatory dismissal

Case 8: The facts

Ms Collins has diabetes (a disability under the DDA) and took long-term sick leave during her probationary period, which was extended.

After her employer received an occupational health report, she was dismissed on the grounds of unsatisfactory attendance during her probation period. Her employer had a policy not to offer part-time work on medical grounds to employees who had been ill until they could give a date of return to work.

The ruling

The Employment Appeal Tribunal held that Collins had been unfairly dismissed and discriminated against on the grounds of her disability. Her dismissal had clearly been related to her disability, and an employer could not rely on a policy that was itself discriminatory.

The employer should not have relied on a medical report to dismiss Collins without discussing the matter with her further.

Collins v Home Office UKEAT/0166/04