Department for Work and Pensions v Boyers Posted In: Case Law
Decision NumberEAT 76
Legal BodyEmployment Appeals Tribunal (EAT)
Type of Claim / JurisdictionDismissal, Discrimination and Equality
The claimant had worked for the respondent for 12 years when she was dismissed in January 2018. The claimant was a disabled person suffering from chronic migraines, anxiety and depression. In the 12 years of service, the claimant had only been off work for a six week period when she undertook a work trial at another location and for the last year of her work on sick leave because of alleged bullying and harassment by a colleague.
At first instance, the Tribunal found that the dismissal was unfair and discriminatory. It was not regarded as a proportionate means of achieving a legitimate aim. The legitimate aim relied upon by the respondent was to achieve a healthy and
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