Ms. Elizabeth Graham v Atolvo Enterprises Limited [2012]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination, Pay
Issues covered: Employment Equality Acts; Disability; Promotion; Conditions of employment; Dismissal on grounds of disability; Age and gender

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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This article is correct at 20/07/2012

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