The starting point in any claim of discrimination will always be a ‘protected characteristic’, cited by a Claimant as the reason for negative treatment of some kind.
Could a failure to furlough make a redundancy unfair? This question has been on our lips for some time but, with a huge backlog in the employment tribunal system, we are seeing long delays before many of the pandemic-related claims are heard.
Until recently automatic unfair dismissal claims arising from concerns about health and safety were regarded as a bit ‘niche’.
This case is a salutary reminder to employers to take expert advice early on when considering its obligations towards those with disabilities.
As seasoned HR practitioners are all too aware, a tricky employee relations issue is seldom resolved by leaving it alone for months on end.