EAT Disability Discrimination: Reasonable Adjustments – The disabled Claimant transferred to a role (A) for which, after delay, reasonable adjustments were made. Following mediation the Respondent ordered her transfer to role (B) which she never took up prior to medical retirement.
The Employment Tribunal held transfer to (B) represented a breach of section 21 Equality Act 2010.
Respondent’s appeal allowed. Case remitted to a fresh Employment Tribunal to determine whether role (B) would have represented a reasonable adjustment and (on the Claimant’s cross-appeal) whether the transfer to (B) amounted to disability related discrimination contrary to section 15.
Peter Clarke HHJ
[2015] UKEAT 0292 – 14 – 1302
Bailii
Equality Act 2010 21
England and Wales
Employment
Updated: 27 December 2021; Ref: scu.542626
