Mrs A Bethwaite v North West Ambulance Service NHS Trust: 2401931/2020
JUDGMENT
[1]The complaint of unfair dismissal was not well founded and is dismissed. This means that this complaint was unsuccessful.[2]The claimant was disabled within the meaning of section 6(1) Equality Act 2010 by reason of her back condition (bulging discs and facet joint hypertrophy) at the material time, being the date of her dismissal by the respondent.[3]The complaint of discrimination arising from a disability contrary to section 15 of the Equality Act 2010 is unsuccessful and dismissed. This is because although the claimant was dismissed by reason of a sickness absence which arose in consequence of her disability, the respondent’s decision to dismiss was a proportionate means of achieving a legitimate aim. Case Number: 2401931/2020(V)