EAT Disability Discrimination: Reasonable Adjustments
The Employment Appeal Tribunal allowed the appeal by the Respondent against the decision of the Employment Tribunal that it had breached its duty to make reasonable adjustments on the ground that the Tribunal failed, as it was required to do, to make proper findings as to whether the adjustments sought by the Claimant were in fact reasonable. Further the Employment Tribunal erred in treating a failure to deal with the request for reasonable adjustment as a failure to make a reasonable adjustment. For these and other reasons, the Employment Appeal Tribunal allowed the Respondent’s appeal and remitted the case to the Employment Tribunal for reconsideration.
The Employment Appeal Tribunal also allowed the Claimant’s appeal against the failure of the Employment Tribunal to consider or make any findings with regard to the provisions of section 39 of the Equality Act 2010. That matter too was remitted to the Employment Tribunal for consideration. The issue of dismissal within section 39 however only arises if the Employment Tribunal finds the Respondent to be in breach of section 20 of the 2010 Act.
Supperstone J
[2015] UKEAT 0423 – 14 – 2003
Bailii
Equality Act 2010 20 39
England and Wales
Employment, Discrimination
Updated: 30 December 2021; Ref: scu.546503
