Islam v Abertawe Bro Morgannwg Local Health Board

Employment – Discrimination. The employment tribunal had dismissed the employee's claim for disability discrimination, but had awarded the employee arrears of pay which he had not claimed for. The Employment Appeal Tribunal in dismissing the employee's appeal against the tribunal's rejection of his claim, ruled that there had been no discrimination or breach of duty to make reasonable adjustments as the employer trust's act of refusing to allow the employer to return to work as a consultant was not a disability discrimination under s 15 Equality Act 2010 and was justified as a proportionate means of protecting patients. The EAT however remitted the arrears of pay award to the same tribunal having found substantive and procedural irregularities and errors of law in the making of that award.

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