South Gloucestershire Council v Ms Pavandeep Hundal
| Jurisdiction | UK Non-devolved |
| Judge | Judge Tayler |
| Court | Employment Appeal Tribunal |
| Published date | 05 September 2024 |
Judgment approved by the court for a hand down South Gloucestershire Council v Ms Pavandeep Hundal
© EAT 2024 Page 1 [2024] EAT 140
Neutral Citation Number: [2024] EAT 140
Case No: EA-2023-000300-BA
EMPLOYMENT APPEAL TRIBUNAL
Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 5 September 2024
Before :
HIS HONOUR JUDGE JAMES TAYLER
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Between :
SOUTH GLOUCESTERSHIRE COUNCIL Appellant
- and –
MS PAVANDEEP HUNDAL Respondent
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DOUGLAS LEACH (instructed by South Gloucestershire Council Legal and Democratic Services)
for the Appellant
GEORGINA CHURCHHOUSE (instructed through Advocate) for the Respondent
Hearing date: 15 August 2024
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JUDGMENT
Judgment approved by the court for a hand down South Gloucestershire Council v Ms Pavandeep Hundal
© EAT 2024 Page 2 [2024] EAT 140
SUMMARY
DISABILITY DISCRIMINATION
The Employment Tribunal held that the respondent terminated the engagement of the claimant
because of disability related absences. The Employment Tribunal erred in law in holding that this
constituted direct disability discrimination; but did not err in law in holding that the respondent had
failed to establish that the treatment, which was because of absence arising in consequence of
disability, was a proportionate means of achieving a legitimate aim.
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