EAT DISABILITY DISCRIMINATION
Disability / Disability related discrimination / Reasonable adjustments
JURISDICTIONAL POINTS
>2002 Act and pre-action requirements
The date of disability is a fact found by an Employment Tribunal on the basis of medical and other evidence. When a consultant gave a range of dates for the onset of a condition, the Employment Tribunal did not err in taking the outside bracket in context with the Claimant’s own account. The Employment Tribunal’s findings of discrimination taking the form of failure to adjust and harassment were upheld, the EAT rejecting appeals on preliminary points on the statutory grievance procedure and the meaning of disability.
Judges:
McMullen QC J
Citations:
[2008] UKEAT 0079 – 08 – 2805
Links:
Statutes:
Employment Act 2002, Disability Discrimination Act 2005, Disability Discrimination (Meaning of Disability) Regulations 1996, Disability Discrimination (Meaning of Disability) Regulations 2006
Citing:
Cited – Secretary of State for Health v Rance EAT 4-May-2007
EAT Equal Pay Act – Part time pensions
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be . .
Cited – Pay v Lancashire Probation Service EAT 29-Oct-2003
The appellant challenged refusal of his claim for unfair dismissal. A probation officer, he had business interests in fire breathing and bondage merchandising which the service said were incompatible with his duties, and dismissed him. He complained . .
Cited – Yeboah v Crofton CA 31-May-2002
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order.
Held: The EAT must be careful not to take . .
Cited – Meek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
Cited – A Blitz v Equant Integration Services Ltd (T/A Orange Business Services) EAT 2-Nov-2007
EAT Disability discrimination: Less favourable treatment / Harassment
Practice and Procedure: Application/claim / Amendment
The Tribunal applied wrong tests in respect of disability related . .
Cited – Chapman v Simon CA 1994
The court considered the approach where a party sought to raise on appeal a complaint not made in the case presented to the tribunal.
Held: An Employment Tribunal must decide the issues which are put before it and should not decide issues . .
Cited – Madarassy v Nomura International Plc CA 26-Jan-2007
The claimant appealed against adverse findings on her claims of sex discrimination. The court considered questions arising from the provisions relating to the transfer of the burden of proof in a discrimination case.
Held: Questions of the . .
Cited – Pay v Lancashire Probation Service EAT 29-Oct-2003
The appellant challenged refusal of his claim for unfair dismissal. A probation officer, he had business interests in fire breathing and bondage merchandising which the service said were incompatible with his duties, and dismissed him. He complained . .
Cited – Sinclair Roche and Temperley and others v Heard and Another EAT 22-Jul-2004
EAT Sex discrimination claim by former partners against the partnership and individual partners: direct discrimination (in both cases) and indirect discrimination (in one) found by ET.
(i) ET must, if . .
Cited – Canary Wharf Management Limited v Edebi EAT 3-Mar-2006
EAT Practice and Procedure – striking-out/dismissal
Grievance procedures. Were they complied with? Held not to be in the circumstances of this case. Observations on what counts as compliance and how . .
Cited – Avon and Somerset Constabulary v Dolan EAT 22-Apr-2008
EAT Practice and Procedure – Appellate jurisdiction/reasons/Burns-Barke
Disposal of appeal including remission
Disability Discrimination – Reasonable adjustments
Unfair Dismissal – Constructive . .
Cited – Qureshi v Victoria University of Manchester EAT 21-Jun-1996
The Industrial Tribunal only has jurisdiction to consider and rule upon the act or acts of which complaint is made to it. The questions on a complaint of race discrimination are: (a) Did the act complained of actually occur? (b) If the act . .
Cited – Taylor v OCS Group Ltd CA 31-May-2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior . .
Cited – Igen Ltd v Wong CA 18-Feb-2005
Proving Discrimination – Two Stage Process
Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted.
Held: The new situation required a two stage process before a complaint could be upheld. First the claimant . .
Cited by:
Cited – Leeds Teaching Hospital NHS Trust v Foster EAT 14-Jun-2011
EAT Disability Discrimination : Reasonable Adjustments. If there is a real prospect of an adjustment removing a disabled employee’s disadvantage, that would be sufficient to make the adjustment a reasonable one, . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 18 July 2022; Ref: scu.271317