The Guardian report that a tribunal has ruled that Newcastle United FC discriminated against ex-midfielder Jonás Gutiérrez because of disability by stopping his selection to avoid extending his contract following his cancer treatment. Gutiérrez claimed that the club did not play him after his cancer treatment so that he did not reach the 80 games needed to trigger a one-year extension of his contract. He was released by the club last summer when his contract expired. An employment tribunal found in his favour in two of four claims. In its ruling, the tribunal said: “We find as a fact therefore that the respondent was deliberately managing the claimant’s selection to prevent him triggering the option [of extension]. We concluded that the reason why the respondent managed the claimant’s selection was because they had no longer wanted him at the club because of his cancer.”
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This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.