Costco Wholesale UK v Newfield: EAT 22 May 2013

EAT Disability Discrimination : Reasonable Adjustments – Equality – Disability – Duty to make adjustments – PCP – substantial disadvantage
The Tribunal adopted a PCP of its own, different to the PCPs defined by the issues, without addressing important evidence relevant to the existence of that PCP. The Tribunal did not give sufficient reasons for holding that the Claimant was at a substantial disadvantage although there was substantial and conflicting evidence on this issue.
Failure to provide written particulars – section 38 of the Employment Act 2002
The Tribunal did not err in law in its assessment of the appropriate award.

David Richardson J
[2013] UKEAT 0617 – 12 – 2205
Employment Act 2002 38
England and Wales

Employment, Discrimination

Updated: 18 November 2021; Ref: scu.514345