GFTU Emplaw Emplaw Emplaw

Ministry of Defence v Hay - Decision based on "expansion" of what has already been pleaded is not the same as one based on a case simply never advanced [2008] EAT

Civilain security guard Mr Hay alleged disability discrimination. Between June 2004 and March 2006 (when he was dismissed) he was absent from work. When asked at a preliminary hearing what his disability was, he answered "TB". Expert medical evidence was then obtained, which established that his TB symptoms would not last 12 months. The MOD therefore argued that this condition was not "long-term" and so not a disability. However Mr Hay had also suffered various medical conditions and problems throughout this whole period.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.