EAT Disability Discrimination: Disability Related Discrimination
– Direct disability discrimination
– Reasonable adjustments
– Justification
The Claimant brought four claims under the Equality Act 2010 before the Employment Tribunal: direct disability discrimination, indirect disability discrimination, failure to make reasonable adjustments and discrimination arising from disability. The only finding in the Judgment as distinct from the Reasons was of direct discrimination on the grounds of disability. The Tribunal failed to consider or make any findings of less favourable treatment, an essential ingredient of a claim under section 13. The Tribunal erred in failing to consider the different legal ingredients of each complaint, and make necessary findings of fact and conclusions. For example the Tribunal failed to specify what adjustments were reasonable to make and when. The Tribunal also misstated the effect of the medical reports as only precluding operating hazardous machinery and considering it relevant that the Respondent’s machine was not hazardous as it was guarded when the Consultant Neurologist and the Occupational Health report advised against operating or being near machinery.
Citations:
[2016] UKEAT 0011 – 16 – 0812
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 February 2022; Ref: scu.577868
