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A dismissal cannot be ‘because of’ disability if the decision-maker did not know about the disability.
N was dismissed under pressure from a delegation of employees. The employer alleged the dismissal was because of N’s conduct but the employment tribunal found the true reason was the pressure from colleagues.N was disabled. That was known by the Occupational Health department but not by the person who decided to dismiss. The EAT agreed with the tribunal that N’s disability could not have influenced the decision to dismiss because the decision-maker did not know and could not reasonably have known about the disability. Knowledge by the Occupational Health department could not be imputed to the decision-maker.
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