Secretary of State for the Department for Work and Pensions v Alam: EAT 9 Nov 2009

EAT DISABILITY DISCRIMINATION
Reasonable adjustments
Section 4A(1) and (3) of the Disability Discrimination Act 1995.
The Tribunal found that employer had failed to make a reasonable adjustment when it gave the Claimant a 12 month written warning for leaving work early without asking for or obtaining permission. On appeal, the Employment Appeal Tribunal held: no basis in fact for the Tribunal’s conclusion that difficulty in asking for such permission was an effect of the Claimant’s disability, no basis for holding that the Respondent should have known that it was and, further, the Tribunal ought to have found that the Respondent came within the provisions of section 4A(3) of the DDA so no duty to make reasonable adjustments was imposed. Eastern and Coastal Kent PCT v Grey [2009] IRLR 429, discussed.

Citations:

[2009] UKEAT 0242 – 09 – 0911, [2010] IRLR 283, [2010] ICR 665

Links:

Bailii

Statutes:

Disability Discrimination Act 1995 4A(a)

Citing:

CitedEastern and Coastal Kent Pct v Grey EAT 23-Jan-2009
eastern_greyEAT2009
EAT DISABILITY DISCRIMINATION:
Reasonable adjustments
Disability related discrimination
The claimant suffers from dyslexia and was therefore ‘disabled’ as defined in the Disability Discrimination . .

Cited by:

CitedCroft Vets Ltd and Others v Butcher EAT 2-Oct-2013
EAT Disability Discrimination : Disability Related Discrimination – Reasonable adjustments – The Respondent was employed by the Appellants as a reception and finance manager. She suffered from work-related stress . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 05 August 2022; Ref: scu.377790