Fareham College Corporation v Walters: EAT 14 May 2009

EAT DISABILITY DISCRIMINATION
Reasonable adjustments
Disability related discrimination
Compensation
PRACTICE AND PROCEDURE
Case management
Appeal against Employment Tribunal’s finding of disability discrimination (reasonable adjustments) and disability related discrimination (dismissal). In circumstances where the two findings were inextricably linked the Employment Tribunal’s failure to construct the Malcolm comparator in relation to the latter claim made no difference to their determination on the facts. Judgment upheld. Related appeals against findings of unfair dismissal and breach of contract also dismissed.
Appeal against the Employment Tribunal’s remedies judgment relating to the Employment Tribunal’s failure to grant the Respondent’s application for an adjournment; their consideration of the Claimant’s injuries to feelings claim; and points relating to set-off of pilon sum and Polkey deduction. Employment Tribunal found not to have erred in law in any respect and appeal dismissed.

Citations:

[2009] UKEAT 0396 – 08 – 1405

Links:

Bailii

Employment

Updated: 30 July 2022; Ref: scu.361501