Martin v City and County of Swansea (Disability Discrimination): EAT 29 Jul 2021

The employment tribunal erred in law in concluding that the PCP asserted by the claimant in a reasonable adjustments claim was only the terms of a Management of Absence Policy and/or that because the policy included discretion that could allow, amongst other things, the claimant to be moved into an alternative role, the application of the policy to the claimant did not constitute the application of a PCP that placed her at a substantial disadvantage in comparison with non-disabled persons. The employment tribunal did not err in its alternative analysis that the respondent had made such adjustments as were reasonable. The appeal was dismissed.
[2021] UKEAT 000460 – 20 – 290
Bailii
England and Wales

Updated: 05 September 2021; Ref: scu.666687