EAT DISABILITY DISCRIMINATION – Reasonable Adjustments
Appellant, who is deaf, employed by the Foreign and Commonwealth Office – FCO declines to post her to Kazakhstan because of the problems, and in particular the cost (about andpound;230,000 p.a.), of providing English-speaking lipspeaker support – Brings claims of direct discrimination under section 3A (5) of the Disability Discrimination Act 1995 and discrimination by way of failure to make reasonable adjustments under section 3A (2) – In relation to both ways of putting the claim the Appellant relies in particular on the fact that the FCO would have to pay commensurate sums by way of Continuity of Education Allowance to staff with a large number of school-age children – Claims dismissed by Tribunal
Held, dismissing appeal:
(1) As regards the claim of direct discrimination, the reason for the Appellant’s non-appointment was not her disability as such but the cost of the adjustments which it necessitated – The material circumstances of staff benefiting under the CEA policy were different.
(2) The Tribunal had made no error of law in its decision that it was not reasonable to expect the FCO to incur the costs of providing English-speaking lipspeaker support in Kazakhstan – Observations on the nature of the exercise required in assessing reasonableness for the purpose of section 4A of the Act.
Judges:
Underhill P
Citations:
[2012] ICR 280, [2011] UKEAT 0016 – 11 – 0510, [2011] Eq LR 1210
Links:
Statutes:
Disability Discrimination Act 1995 3A
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 20 September 2022; Ref: scu.444952
