EAT Disability Discrimination – Reasonable adjustments
Unfair Dismissal – Reason for dismissal including substantial other reason; Reinstatement/re-engagement
The Employment Tribunal found that the claimant had been the subject of unjustified disability related discrimination when she was dismissed because, in the employer’s view, she was not fit enough to carry out the safety functions required of her in the event of emergencies. The Tribunal held that on the medical evidence available to the employer, they ought not to have reached that conclusion. They also held that the employer had failed to make reasonable adjustments in breach of s.4A of the Disability Discrimination Act. However, it was accepted by the employee that the adjustments could only be considered appropriate on the assumption that the employer ought to have found that the employee was fit to do the job. The Tribunal found – wrongly, as the employee conceded – that the disability related dismissal was automatically unfair. They ordered reinstatement and when that was not complied with, awarded additional compensation of 52 weeks’ pay. The employer challenged all these findings. The key issue was whether the Tribunal was entitled to make its own independent assessment of the medical evidence. The EAT held that it was not and that the Tribunal erred in law in substituting its view as to the fitness of the employee for the employer. Nor could it possibly be said that the employer’s decision was perverse. It followed that the disability related dismissal was justified, and that none of the adjustments identified were reasonable since none would have achieved the objective of getting the employee back to work. In the event the other issues fell away. The EAT further held that it was not appropriate to require reinstatement in this case in any event.
Citations:
[2007] UKEAT 0497 – 06 – 0902
Links:
Employment
Updated: 09 July 2022; Ref: scu.248454