An Employment Tribunal (‘ET’) erred in finding that a one off error resulting in a failure to apply the redeployment period set out in the Sickness Absence and Monitoring Policy Management Guidance was capable, in law, of amounting to a PCP, for the purposes of section 20 of the EqA.
It also misapplied the test of reasonableness of an adjustment and failed to take into account relevant considerations. The question whether an adjustment is reasonable is one for a Tribunal to determine on an objective basis, and the ET erred in law in basing its findings on the Respondent’s act or omissions.
The Tribunal had failed to consider written submissions which had been before it. Had it considered those submissions, it was bound to determine that discounting the Claimant’s disability absence was not a reasonable adjustment. In accordance with Jafri v Lincoln College [2014] EWCA Civ 449 the EAT substituted is own finding, and dismissed the claim of failure to make reasonable adjustments.
Citations:
[2019] UKEAT 0248 – 18 – 2008
Links:
Jurisdiction:
England and Wales
Employment
Updated: 25 November 2022; Ref: scu.650891
