For general enquiries +44 (0)808 169 4320
  • Get in touch
  • About

    Birketts is a full service legal firm with offices throughout the East of England and in London.

    Whatever the challenge, we're here for you. As a proactive partner, we're always thinking about the changes and opportunities that you or your business will face, taking you to the next level.

    • Discover Birketts
    • Leadership Team
    • Offices
    • Environmental Social Governance
    • Compliance

    Our Culture

    Awards

  • Sectors
    • Agriculture
    • Banking & Finance
    • Care Homes
    • Charities & Not for Profit
    • Ecclesiastical
    • Education
    • Energy & Utilities
    • Family Business
    • Food
    • Healthcare
    • Housebuilders
    • Insurance & ReInsurance
    • International Services
    • Leisure & Tourism
    • Local Government
    • Motor Industry
    • Public Sector
    • Real Estate Investment
    • Retail
    • Shipping & International Trade
    • SIPPs / SSASs
    • Social Housing
    • Transport & Logistics
  • Services
    Services for business Services for individuals
    for business
    for individuals
    for business
    • Agriculture
    • Banking & Finance
    • Commercial Property
    • Commercial & Technology
    • Competition
    • Construction & Engineering
    • Corporate, Mergers and Acquisitions
    • Data Protection Services
    • Employee Incentives
    • Employment
    • Franchising
    • Health & Safety
    • Immigration Services
    • Intellectual Property
    • International Services
    • Litigation & Dispute Resolution
    • Planning & Environment
    • Property Disputes
    • Public Inquiries
    • Regulatory & Corporate Defence
    • Restructuring & Insolvency
    • Shipping & International Trade
    • Tax
    for individuals
    • Agriculture
    • Construction
    • Contentious Trust & Probate
    • Court of Protection
    • Data Protection Services
    • Dispute Resolution
    • Employment
    • Estate Planning & Wills
    • Family
    • Financial Crime
    • Immigration Services
    • International Services
    • Leasehold Enfranchisement
    • Motoring Offences
    • Personal Taxation
    • Private Criminal Defence
    • Probate
    • Property Disputes
    • Public Inquiries
    • Residential Property
  • Our People
  • Insight

    Legal Updates

    News

    Newsletters

    Events

    Webinars

    Podcasts

    Shaping excellence

  • Join us
    • Current Vacancies
    • Our Story
    • Life at Birketts
    • Learning & Development
    • Benefits at Birketts
    • Environmental Social Governance
    • Recruitment Contacts

    Graduates

    Business Services

    Legal Secretaries

    Lawyers

  • Home
  • Legal Updates
  • Redundancy following sickness absence
Share on
Redundancy following sickness absence
June 28, 2017

An employee who was made redundant following a period of disability-related sickness absence had not been subjected to discrimination arising from disability, according to the EAT.

Charlesworth v Dransfields Engineering Services Ltd, EAT

Facts

Mr Charlesworth was employed as a branch manager by Dransfields. From 2012, the business was looking to make cost savings to improve profitability.

In 2014, Mr Charlesworth developed renal cancer and was off work for a period between October and December 2014. During this period, it was suggested that the business could be restructured with the result that his post would be removed.

Following a period of consultation, Mr Charlesworth was eventually made redundant in April 2015. His claims for unfair dismissal and disability discrimination were dismissed by an employment tribunal. It accepted that there was a link between his disability-related absence and his dismissal, as his absence had highlighted the fact that the business could operate effectively without his role being carried out. However, there was no causative link between his disability and his dismissal.

EAT decision

The EAT agreed with the conclusion of the tribunal and dismissed Mr Charlesworth’s appeal.

To establish a claim for discrimination arising from disability, the unfavourable treatment must be because of ‘something’ arising in consequence of the claimant’s disability, for example, a period of sickness absence. This causal test will be established if the ‘something’ is an effective cause, even if it is not the main or sole cause. In this case, the EAT was satisfied that Mr Charlesworth’s absence was not an effective cause of the decision to dismiss him. It was just the context within which the events occurred.

Consequences

At first sight, this decision is reassuring for employers, suggesting that redundancy dismissals either during or following a period of disability-related sickness absence will be harder for employees to challenge. However, in its judgment the EAT makes it clear that each case will turn on its particular facts. It would be risky for an employer to rely on this decision when considering whether to make a disabled employee redundant.

The content of this article is for general information only. For further information on disability discrimination in the workplace, please contact Liz Stevens or a member of Birketts’ Employment team. Law covered as at June 2017.

Liz Stevens

View profile

The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at June 2017.

Join us

  • Business services
  • Experienced lawyers
  • Graduates

Information

  • Anti Slavery
  • Cookies
  • Fees
  • Statement

Find us

  • Contact us
  • Our People
  • Offices

Subscribe

  • Subscribe
© Copyright Birketts LLP 2022 All rights reserved
Follow us: