Oliver v The Ultimate Solution Partnership Ltd - Was dismissal for disability or dishonesty? Tribunal failed to decide [2011] EAT

Was the claimant dismissed because of her disability or her alleged dishonesty? A tribunal must determine the reason for alleged discriminatory treatment, which will include making findings about any reason that the Respondent puts forward.

Mrs Oliver was dismissed after a period of sickness absence. She claimed that her dismissal was unfair and amounted to disability discrimination; the Ultimate Solution Partnership (USP) argued that she was dismissed for dishonesty, having been working elsewhere whilst allegedly sick and off work. An employment tribunal ruled in Mrs Oliver's favour.

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