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Smith v Royal Mail Group Plc - Disabled person dismissed for absence [2006] EAT

Mr Smith was dismissed from his job as a postman because of excessive absences from work. The Royal Mail properly applied its normal rules but Mr Smith claimed that he should have been retired on ill-health grounds rather than dismissed because he suffered from a disability.

An employment tribunal at Exeter found that at least for the last four years his bad attendance record had nothing to do with his disability and rejected his claims that he been discriminated against on the grounds of disability and that he had been unfairly dismissed.

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