EAT Disability Discrimination : Reasonable Adjustments – Disabled employee absent from work and made subject to the application of employer’s Attendance Policy resulting in written warning.
She seeks ‘reasonable adjustments’ to take future account of absences related to her disability and the withdrawal of the warning. Her employer declines.
Employment Tribunal find, by a majority, no breach of the duty to make reasonable adjustments because (1) there was no ‘substantial disadvantage’ established sufficient to trigger the duty and (2) the adjustments sought were not ‘reasonable adjustments’.
Appeal dismissed.
The Tribunal had correctly applied the relevant authorities on the question of whether or not a ‘substantial disadvantage’ had been established and had made no error in deciding that, on facts, the adjustments sought were not ‘reasonable’.
Luba QC Rec
[2014] UKEAT 0372 – 13 – 1505
Bailii
England and Wales
Cited by:
Cited – General Dynamics Information Technology Ltd v Carranza EAT 10-Oct-2014
EAT DISABILITY DISCRIMINATION – Reasonable adjustments
UNFAIR DISMISSAL – Reasonableness of dismissal
The Employment Tribunal, by a majority, found that the Respondent was in breach of a duty to make . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 04 December 2021; Ref: scu.526089