EAT Disability Discrimination – Less favourable treatment. The appellant brought proceedings against the Respondents alleging that they had failed to make adjustments to her workplace and conditions so as to accommodate her disability, that they had treated her less favourably for reasons relating to her disability; and in the second case presented in 2000 that they had constructively dismissed her.
EAT Disability Discrimination – Less favourable treatment.
Judges:
His Hon Judge Ansell
Citations:
EAT/0033/03, [2003] EAT 0033 – 03 – 2609, [2003] UKEAT 0033 – 03 – 2609
Links:
Statutes:
Disability Discrimination Act 1995 4(2)
Jurisdiction:
England and Wales
Citing:
See Also – Meikle v Nottingham City Council EAT 14-Apr-1994
The appellant challenged dismissal of her claim for indirect racial discrimination based on two grounds. First, that the Tribunal’s decision was perverse; in other words that it was a decision which, on the evidence before it, no reasonable tribunal . .
Cited – Western Excavating (ECC) Ltd v Sharp CA 1978
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events . .
Cited – Gogay v Hertfordshire County Council CA 26-Jul-2000
The employee sought damages for breach of the implied term of trust and confidence, even though she remained throughout the employment of the Council against whom she was bringing proceedings.
Held: Her remaining in employment was a factor . .
Cited – Bliss v South East Thames Regional Health Authority CA 1985
General damages cannot be awarded for frustration, mental distress or injured feelings arising from an employer’s breach of the implied term of confidence and trust. Dillon LJ said that damages for mental distress in contract are limited to certain . .
Cited – Lewis v Motorworld Garages Ltd CA 1985
The court considered the circumstances under which an employee might resign and successfully claim constructive dismissal.
Glidewell LJ said: ‘This breach of this implied obligation of trust and confidence may consist of a series of action on . .
Cited – Commissioner of Police of the Metropolis v Harley EAT 19-Feb-2001
Appeal against a finding that a claim of disability discrimination was in time. . .
Cited – Catherall v Michelin Tyre Plc EAT 21-Oct-2002
EAT Disability Discrimination – Disability. . .
Cited – Sutcliffe v Hawker Siddley Aviation Limited NIRC 1973
Though the 1971 Act made no reference to it, nonetheless there could be an unfair dismissal deriving from a constructive dismissal. An argument that the converse interpretation should be adopted because earlier legislation (the 1965 Act) had defined . .
Cited – M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching) ECJ 26-Feb-1986
ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that . .
Cited – Harrold v Wiltshire Healthcare NHS Trust EAT 6-Apr-1998
. .
Cited – Derby Specialist Fabrication Ltd v J N Burton EAT 27-Sep-2000
Race Discrimination – Direct. After dealing with the arguments based on the history of the various statutes: ‘Whether the employer deliberately dismisses the employee on racial grounds or he so acts as to repudiate the contract by racially . .
Cited by:
Appeal from – Nottinghamshire County Council v Meikle CA 8-Jul-2004
The claimant was a teacher who had come to suffer a sight disability. She complained that her employers had failed to make reasonable accomodation for her disability, and subsequently she resigned claiming constructive dismissal and damages for . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 08 June 2022; Ref: scu.186795