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When cost-saving redundancy is identified as a result of ill-health absence, is it disability discrimination?
It is not uncommon for an employer to identify that it can manage without a particular role, when the role-holder takes a lengthy period of absence. If the absence is disability-related, does it follow that a subsequent redundancy dismissal must be disability discrimination? In a reassuring Judgment for employers, the Employment Appeal Tribunal in the case of Charlesworth v Dransfields Engineering Services Ltd has said this will not always be the case. However the Judgment does still carry a warning for those faced with this situation.

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