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Voluntary redundancy and disability discrimination

In T-Systems v Lewis, the Claimant was disabled by virtue of her type 1 diabetes. A medical report was commissioned on behalf of the employer to determine the impact of her disability on her future employment following a decision by the employer to introduce a new shift pattern.

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. 

This article is not a substitute for legal advice on specific facts and circumstances. It is designed as a free update on the law at the time of publishing. Knight Polson Limited trading as QualitySolicitors Knight Polson accepts no responsibility for reliance on this article and recommends that you seek independent legal advice on your specific circumstances prior to taking any steps.

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