3PB employment barrister Karen Moss persuades EAT the ET applied wrong thresholds for liability in relation to discrimination arising from disability

Karen Moss succeeded yesterday in the EAT in Baldeh v Churches Housing Association of Dudley & District Ltd UKEAT/0290/18/JOJ, persuading HHJ Shanks that where the original decision to dismiss was for disability-related reasons, without knowledge of the disability, but the appeal decision, upholding the dismissal was for the same reasons, with the requisite knowledge of a disability, that was actionable by an employee claiming to have been dismissed because of something arising in consequence of her disability. The ET had failed to apply the correct thresholds for liability under s.15 Equality Act 2010 and so the matter was remitted to a fresh tribunal.

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