The claimant who had a withered arm, took on employment with the respondent. He was given a long service award in the form of a model with a withered arm. This upset him, and he was off work for a long time with depression. He said the tribunal had failed to see the upsetting nature of the depiction which singled him out. The discrimination was not that he was shown with a withered arm, but that he was not carrying a clipboard.
Held: The tribunal ‘did not ask themselves the question as to whether the failure to depict him with a work related item, thereby highlighting his disability amounted to an act of discrimination.’ and the matter was remitted to a fresh tribunal. However the allegation of constructive dismissal was not remitted.
Citations:
[2003] EAT 1155 – 02 – 1202, [2003] UKEAT 1155 – 02 – 1202
Links:
Jurisdiction:
England and Wales
Cited by:
See Also – Jenkins v Legoland Windsor Park Ltd EAT 3-Jul-2003
EAT Disability Discrimination – Disability . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 05 December 2022; Ref: scu.191359
