We represented a retail client who had discovered an employee had falsified sales records. We advised on the process and the employee was subsequently dismissed for gross misconduct.
The employee claimed disability discrimination on the basis that she had suffered from depression on a long term basis leading up to her dismissal. The employee refused to attend two disciplinary meetings on the grounds of ill health, and a final disciplinary meeting was held in her absence.
This was a complex case involving several key issues, namely an undisclosed medical condition that the employee claimed was ‘common knowledge’ amongst colleagues, failure to attend disciplinary and appeal meetings and a refusal by the employee to answer the allegations.
The case went to a four day Employment Tribunal Hearing. We represented our client and won the case.