Ms. Elizabeth Graham v Atolvo Enterprises Limited Posted In: Case Law
Legal BodyEquality Tribunal
Type of Claim / JurisdictionUnfair Dismissal, Discrimination and Equality, Pay and Conditions of Employment
This case concerns the dismissal of a part-time worker while she was in hospital recovering from a serious operation. The Tribunal was satisfied that the complainant was disabled, having had both a tumour and her kidney removed during the operation.
The Tribunal relied on the case of Humphries v Westwood Fitness Club to conclude that the “respondent, in the instant case [which did not attend the hearing as it had been declared insolvent], made no enquiries whatsoever in order to ascertain when or if the complainant would be in a position to return to work. Furthermore, it is the complainant's evidence, and this is undisputed, that had the respondent enquired, she would have been in a
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