The employer asked employees to consider voluntary redundancy. The Claimant was undecided and awaited the outcome of the report prior to taking any decision regarding whether to apply for voluntary redundancy. The employer dismissed the Claimant prior to the report being received.
The Claimant argued that her inability to make a decision in respect of the voluntary redundancy arose in consequence of her disability. The Tribunal and the Employment Appeal Tribunal agreed. The Claimant’s indecision arose in consequence of her disability and the employer had discriminated her.
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