EAT Disability Discrimination : Disability – Reasonable adjustments
The decision of the majority of the Employment Tribunal that the requirement by the Respondent that the Claimant should attend a meeting with his line manager to discuss a return to work constituted a repudiatory breach of contract was unsustainable because it could not be said that, objectively, the Respondent had clearly shown an intention to abandon and altogether refuse to perform its contract with the Claimant.
The Claimant was disabled within the meaning of the Equality Act, suffering from an anxiety and depressive disorder. The Employment Tribunal held the Respondent was liable for discrimination on the grounds of the Claimant’s disability by failing to make a reasonable adjustment not to require the Claimant to attend the meeting with his line manager. The decision was unsatisfactory because the Employment Tribunal failed to identify the nature and extent of the substantial disadvantage suffered by the Claimant. In those circumstances it was not possible to determine whether or not the proposed adjustment could be regarded as one that was reasonable. The Employment Tribunal had given no explanation as to why this was a reasonable adjustment.
Serota QC HHJ
[2014] UKEAT 0511 – 12 – 2706
Bailii
England and Wales
Employment, Discrimination
Updated: 15 December 2021; Ref: scu.533184