EAT (Disability Discrimination : Disability – Disability related discrimination
Direct disability discrimination
Reasonable adjustments
Justification
The appeal raised issues about the Tribunal’s findings that (i) there was no direct disability discrimination (ii) there was no failure to make reasonable adjustments; and (iii) the Respondent had justified any indirect and disability-related discrimination. Only (iii) was arguable but to a limited extent only. In concluding that an adjustment to the scoring of criteria for selection for redundancy would not have avoided dismissal in any event, the reasonable adjustments duty should not have been limited to avoiding dismissal, but should have extended to avoiding detriment flowing from disadvantage, and the hurt feelings that would have resulted. Since the Tribunal failed to consider this, the case would be remitted for consideration of that limited point and on that narrow basis only.
Simler J
[2014] UKEAT 0308 – 13 – 0705
Bailii
England and Wales
Updated: 23 August 2021; Ref: scu.535549