Yasin v Secretary of State for Justice

Employment – Disability discrimination. The Employment Appeal Tribunal (the EAT) allowed the appellant's appeal against the employment tribunal's dismissal of his disability discrimination claim. The appellant, who had worked for the respondent as a temporary agency worker, had argued that the respondent's withdrawal of a conditional offer of employment on the basis of his attendance record, after the appellant had gone off sick with a disability-related illness. The amounted to disability discrimination. The EAT held that the tribunal had erred in considering facts and in coming to conclusions based on them in circumstances where those matters had not been properly pleaded or raised by the respondent before or during the hearing.

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