Lowmoore Nursing Home Ltd v Smith: EAT 21 Jun 2016

EAT Debarred – Unfair Dismissal: Constructive Dismissal – DISABILITY DISCRIMINATION – Reasonable adjustments
The Employment Tribunal did not err in determining the claim for failing to make reasonable adjustments. They did not reach their decision on a different basis from that which the Claimant raised with her employer and set out in her Particulars of Claim. She had complained that ‘heavy lifting’ exacerbated her medical condition. This is the basis on which the Tribunal reached their decision on failure to make reasonable adjustments. The Judgment did not show, as was contended by the Respondent, that they based their decision on ‘general physical exertion’. Appeal from the decision under section 20 Equality Act 2010 and the related constructive dismissal claim dismissed.

Slade DBE J
[2016] UKEAT 0239 – 15 – 2106
England and Wales


Updated: 20 January 2022; Ref: scu.567943