EAT DISABILITY DISCRIMINATION – Disability – Reasonable adjustments -The claimant, a health visitor, claimed that she had been subjected to discrimination on account of disability and the Employment Tribunal found that they had failed in their statutory duties in respect that they should have made reasonable adjustments by offering her a post closer to her home, which would have reduced her travelling time to and from work. The Employment Appeal Tribunal found that the Employment Tribunal had failed to address the question of whether or not the claimant was suffering from a relevant disability, had failed to identify when the respondents’ knowledge or deemed knowledge of a relevant disability arose and had, in any event, in purporting to do so, relied on assumptions that they were not entitled to make. Further, with regard to the question of reasonable adjustments, they had failed to take account of relevant evidence. The case was remitted to a freshly constituted tribunal for a rehearing.
Judges:
The Honourable Lady Smith
Citations:
[2005] UKEAT 0003 – 05 – 1805, EATS/0003/05
Links:
Jurisdiction:
England and Wales
Employment
Updated: 01 July 2022; Ref: scu.227025