Disability related discrimination
DISABILITY DISCRIMINATION – Reasonable adjustments
The Tribunal had erred in only one material respect by making the wrong comparison when comparing, in a reasonable adjustments claim, the impact of erratic payment of sick pay on the Claimant with its impact on others on sick leave for reasons other than mental health related disability such as that from which the Claimant suffered. That issue would be remitted.
The Tribunal had also erred by not dealing adequately with the issue of ‘legitimate aim’ and proportionality when applying to the Claimant’s dismissal the justification test in section 15(1)(b) of the Equality Act 2010. But its error was not material as it cannot have affected the result.
The Tribunal had been entitled to find that the Claimant was not treated unfavourably by reason of something arising in consequence of his disability when deciding that the reason for erratic and incorrect sick pay payments was not something arising in consequence of his disability but in consequence of technical and administrative difficulty in the operation of the sick pay payment system.
Citations:
[2018] UKEAT 0184 – 18 – 1611
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 09 May 2022; Ref: scu.633790
