Against a background of disciplinary proceedings alleging threats by the employee, and allegations of harassment, she was dismissed for ill health. She requested an adjustment to the procedures to allow her to give written evidence after advice from her doctor about the inadvisability of attending a hearing for her health. When this was refused, she laid a complaint of disability discrimination. It was agreed that she was disabled, and that her complaint of harassment had been unable to continue in the light of the way the disciplinary proceedings were conducted. The tribunal had failed to address the 6(4)(a) question. The tribunal was wrong to dismiss the employer’s defence of justification on the sole grounds that they were ignorant of the Code, particularly where they had allowed for the need to make reasonable adjustments.
Held: Appeal remitted to the same tribunal.
EAT Disability Discrimination – Direct
Judges:
His Hon Judge Clark
Citations:
EAT/1087/00, [2001] UKEAT 1087 – 00 – 0510
Links:
Statutes:
Disability Discrimination Act 1996 6(4)(a)
Jurisdiction:
England and Wales
Citing:
See Also – Johnson and Johnson Medical Ltd v Filmer EAT 12-Mar-2001
. .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 06 June 2022; Ref: scu.171605
