In the Courts - Employment
Disability discrimination or unfair dismissal?
The Employment Appeal Tribunal (EAT) has remitted for a fresh tribunal hearing a head teacher’s claim that her dismissal in November 2006 was disability discrimination. The case hinged on whether there was sufficient medical evidence that the respondent suffered from ‘long term depression’ at the time. The judge made the point ‘in this case, whether Miss Pavlou was disabled was a major issue …. If she was not disabled her claim is for unfair dismissal and subject to any issue about her reinstatement her compensation is limited to the statutory cap. If she was disabled her compensation is not limited’. The Employment Tribunal judgment had held that Miss Pavlou did have a disability within the meaning of the Disability Discrimination Act 1995. The Governors, understandably, appealed.
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