EAT DISABILITY DISCRIMINATION – Reasonable adjustments
PRACTICE AND PROCEDURE – Perversity
A decision by an Employment Tribunal that an employer had not known at the relevant time that an employer was disabled, and thus was under no duty to make adjustments at that time, was challenged on the grounds that the employer had failed to follow the approach set out in Gallop, and in any event had made insufficient enquiry for it to be able to satisfy the tribunal that it had no constructive knowledge of the Claimant’s disability.
Held: The decision of the Employment Tribunal was one of fact, and judgment. It could not be shown that it took an approach to the facts which was erroneous in law: in particular, it did not misdirect itself as the Tribunal whose decision was considered in Gallop had done. Nor was its decision perverse.
Langstaff P J
[2014] UKEAT 0297 – 14 – 1612
Bailii
England and Wales
Employment
Updated: 03 January 2022; Ref: scu.551976