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Andrew James Taylor v OCS Group LTD

For the purposes of s 98(4) of the Employment Rights Act 1996, there was no rule of law that only an appeal by way of rehearing was capable of curing earlier defects in disciplinary proceedings and that a mere review was not. An employee’s inability on account of his deafness to explain his conduct might have contributed to his dismissal as a matter of causation, but there was no discrimination under s 5(1) of the Disability Discrimination Act 1995 where the employer did not have a disability-related reason in his mind when he dismissed the employee.

23 June 2006

The appellant employer (O) appealed against the decision in favour of the respondent (T) on his claims for unfair dismissal and for discrimination under the Disability Discrimination Act 1995. O was part of a large group of companies. T worked as a database programmer/analyst. He was profoundly deaf and his deafness amounted to a disability under the 1995 Act. In the course of his work, he gained remote access to the terminal of another employee and, in breach of O’s policy on access to other employee’s terminals, acquired confidential information about staff salary levels. T’s manager suspended him and decided that there was a case of misconduct to answer. A disciplinary meeting was held at which T was dismissed. At that hearing, T was not represented and did not fully understand what was happening. The decision to dismiss was affirmed on appeal. At the appeal hearing, O had provided T with an interpreter, but for part of the time only. The employment tribunal found that the ...

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