EAT DISABILITY DISCRIMINATION – Reasonable adjustments
UNFAIR DISMISSAL – Constructive dismissal
Reasonable adjustments. The Tribunal was not entitled to hold that the Respondent was in breach of its duty to make reasonable adjustments in respects which were not identified as issues in the case. Chapman v Simon [1994] IRLR 124 and Tarbuck v Sainsbury’s Supermarkets Limited [2006] IRLR 664 applied. The Tribunal’s finding that the Respondent should have ‘explored’ medical redeployment was insufficient and did not address the specific reasonable adjustment put forward – namely, that the Claimant ought to have been placed upon the redeployment register. Reasonable adjustment issue, as regards redeployment, remitted for consideration by the same Tribunal.
Since the Tribunal found the Respondent to be guilty of a continuing fundamental breach of contract, the Claimant was entitled to resign when she did, and no question of affirmation arose. In any event, the Tribunal’s reasoning contained no error of law: the Tribunal was entitled to conclude that there was a ‘last straw’ prior to resignation and that the Claimant had not affirmed the contract by receiving sick pay. Bliss v South East Thames RHA [1985] IRLR 308; London Borough of Waltham Forest v Omilaju [2005] IRLR 65 and El-Hoshi v Pizza Express Restaurants applied.
Judges:
Richardson J
Citations:
[2011] UKEAT 0334 – 10 – 2202
Links:
Employment
Updated: 06 September 2022; Ref: scu.431866