EAT DISABILITY DISCRIMINATION – Compensation
The Employment Tribunal held unfairly dismissed for capability because the Respondent had not considered suitable alternative employment by asking what the Claimant could do if reasonable adjustments were first made to a possible alternative post. Appeal by the Claimant on this ground rejected – (a) the Employment Tribunal had dealt with the point sufficiently, and (b) in any event it had not been argued as such.
A cross-appeal on the ground that the Employment Tribunal was wrong to uplift damages for injury to feelings by 10% (in accordance with Simmons v Castle) was dismissed. Doubt was expressed as to the correctness of De Souza v Vinci Construction UK Limited UKEAT/ 0328/14/DXA.
Langstaff P J
[2015] UKEAT 0210 – 14 – 2711, [2016] ICR D1, [2016] IRLR 178
Bailii
England and Wales
Employment, Discrimination
Updated: 17 January 2022; Ref: scu.565084
