O'Doherty v Royal Bank of Scotland

Employment – Unfair dismissal. The employee brought a claim for unfair dismissal and disability discrimination. The Employment Appeal Tribunal held that the employment tribunal had been correct in not re-opening, at the remedy stage, the issue of contributory conduct which had been determined at an earlier hearing. However, the tribunal had been wrong in failing to consider the question of half-pay sick absence when assessing unfair dismissal or disability discrimination loss of earnings. The case was remitted to the tribunal.

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