Harassment – DISABILITY DISCRIMINATION – Reasonable adjustments
Harassment related to disability. In considering whether two remarks were ‘related to’ the Claimant’s disability, the Employment Tribunal erred in law by focusing on the perception of the person who made the remark. Whether conduct is ‘related to’ a disability should be determined having regard to the evidence as a whole; the perception of the person who made the remark is not decisive.
Reasonable adjustments. The Employment Tribunal did not properly address one of the (many) issues for its determination: it drew a distinction which was not to be found in the issue, and it should have considered the issue as a whole. The Employment Tribunal dealt properly with other issues; in particular, having rejected on the facts a PCP alleged in one issue, it was not bound to consider another possible, closely related, PCP.
David Richardson HHJ
[2016] UKEAT 0033 – 15 – 2705
Bailii
England and Wales
Employment
Updated: 20 January 2022; Ref: scu.567279