Chief Constable of West Midlands Police v Gardner: EAT 19 Oct 2011

EAT Disability Discrimination : Reasonable Adjustments
An Employment Tribunal did not identify what it was in respect of Claimant’s disability that resulted in a requirement for him to attend at a place of work on a flexible timetable causing him substantial disadvantage. This was a necessary finding if the ET were to determine what adjustment it was reasonable for the Respondent to have to make. Case remitted.
DISABILITY DISCRIMINATION – Compensation
The question arose whether an ET should adopt Ogden tables in place of the tables annexed to the Employment Tribunals guidelines to determine pension loss. Held it was not an error of law to do so if cogent and credible reasons were articulated for doing so, as they were here, though it was not to be encouraged.

Judges:

Langstaff J

Citations:

[2011] UKEAT 0174 – 11 – 1910

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 29 September 2022; Ref: scu.449405