Matinpour v Rotherham Metropolitan Borough Council (Disability Discrimination : Reasonable Adjustments): EAT 19 Apr 2013

Reasonable adjustments
Direct disability discrimination
A case was appealed successfully to the EAT, and remitted. The Employment Tribunal came to the same conclusion, but giving more detailed reasons where the EAT had required it. The Claimant appealed again; but raised as grounds of appeal matters which challenged decisions of the Tribunal in respect of which it had repeated conclusions it had reached in the first decision which had not been subject to appeal to the earlier EAT. The Appellant was not permitted to raise these arguments. A ground he was entitled to raise was that the Respondent employer should not have dismissed him since he should have been held suitable for ill health retirement. This was rejected, since the employer did not consider him as suitable, nor had any material at the time of dismissal to think that he was. Observations made about the applicability of First West Yorkshire v Haigh.

Langstaff P J
[2013] UKEAT 0537 – 12 – 1904
England and Wales

Employment, Discrimination

Updated: 18 November 2021; Ref: scu.514154