The claimant had been employed driving a mobile library. She came to suffer back problems, and was dismissed when the respondent said that she could not work within a library without the ability to lift, after she turned down a move to a different department. The EAT had found to be perverse the ET’s conclusion that her refusal could only have been unreasonable if the offer of the new post was necessary in order to accommodate her disability, and that the disability could have been accommodated by the adjustments to her existing work that it had identified, the offer of the new post was not necessary or reasonable, and Ms Hay had reasonably refused the offer. It was accordingly unfair to dismiss her on the basis of that refusal. The issue now was again whether the ET’s decision was perverse.
Held: The tribunal’s mistake about the need for the risk assessment was not so severe as to make the decision perverse. However their assessment had been perverse in not acknowledging the effect of the medical evidence. The appeal was dismissed.
Judges:
Buxton, Rix, Moses LJJ
Citations:
[2007] EWCA Civ 93, [2006] All ER (D) 322
Links:
Statutes:
Disability Discrimination Act 1995 5 6
Jurisdiction:
England and Wales
Citing:
Cited – Yeboah v Crofton CA 31-May-2002
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order.
Held: The EAT must be careful not to take . .
Cited – Mid-Staffordshire General Hospitals NHS Trust v Cambridge EAT 4-Mar-2003
EAT The claimant had presented claims of sex and disability discrimination and victimisation. She suffered injury to her throat when builders demolished a wall near her workstation.
Held: The employer’s . .
Cited – Tarbuck v Sainsbury’s Supermarkets EAT 8-Jun-2006
EAT The appellant was disabled. She was found to have been unfairly dismissed and the subject of three acts of disability discrimination. One of these was an alleged failure to consult which was treated as a . .
Cited by:
Cited – London Borough of Camden v Price-Job EAT 18-Dec-2007
EAT Disability discrimination – Reasonable adjustments/Justification
1. The employers appealed against two findings by the Tribunal that they had failed to make reasonable adjustments for her disability and . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 09 July 2022; Ref: scu.248838