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The EAT upheld a decision that on the facts there was no discrimination arising from disability (s.15 EqA) where a claimant who had been absent for a cancer operation was made redundant.

In Charlesworth v Dransfields Engineering Services (link to Word doc) there was held not to be sufficient connection between the employee being made redundant and his disability-related absence which had thrown into sharp relief the employer’s ability to manage without his role. There was no discrimination contrary to s.15.

However the EAT emphasised that each case will depend on its facts.

More: Discrimination arising from disability (EqA s.15)>Some decided cases.

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