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British Sugar plc v Kirker

[1998] IRLR 624

The applicant was visually impaired and had been selected for redundancy on a points scoring basis. He scored 0 out of 10 for "performance and competence" and 0 out of 5 for potential. He argued the scores reflected a wholly subjective view of him which had its origin in his disability.

The Industrial Tribunal held he had been unlawfully discriminated against and awarded £103,146 compensation. An objective assessment not influenced by discrimination would have taken him well above the line for being retained.

The Employment Appeal Tribunal upheld the decision and confirmed that the industrial tribunal was entitled to take pre-Act events into account in drawing an inference of discrimination.

Employment: Complaints and going to court

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