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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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randr Safety Systems Ltd

Health and Safety - Founded in 1995 our aims haven't changed. We understand that even though companies may be in the same industry or sector, no two companies are the same – each facing challenges unique to them which they must overcome. As a result we believe ‘off the shelf’ Health and Safety support doesn’t work and we have developed our own personal service to support you in your unique business demands.

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