EAT DISABILITY DISCRIMINATION – Disability related discrimination
If a wrong label is attached to a mental impairment a later re-labelling of that condition is not diagnosing a mental impairment for the first time using the benefit of hindsight, it is giving the same mental impairment a different name and, given that whether or not an employer knows or should have known there is a disability is essentially a question of fact (see Wilcox and Birmingham CAB Services Ltd [2011] Eq LR 810), the Employment Tribunal was entitled to find that the Cross Appellant employer had actual or constructive knowledge of the disability.
Although the Employment Tribunal overstated the effect of the judgment in Project Management Institute v Latif [2007] IRLR 579 (contrary to what the Employment Tribunal tended to suggest, it does not place any evidential burden on a Claimant to do more than identify alleged reasonable adjustments) and whilst it is always better for an Employment Tribunal to deal specifically with each suggested adjustment that has been identified by a Claimant, particularly where a CMD has confirmed that those matters are in issue, the Employment Tribunal’s judgment addressed the issue of reasonable adjustments to a sufficient extent and the Appeal must be dismissed.
UNFAIR DISMISSAL – Reasonableness of dismissal
The Employment Tribunal had reached a tenable conclusion on the factual material and the judgment was not perverse.
Judges:
Hand QC J
Citations:
[2012] UKEAT 0056 – 12 – 0502
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 13 November 2022; Ref: scu.470766
