Newcastle Upon Tyne Hospitals NHS Foundation Trust v Bagley: EAT 23 Mar 2012

EAT DISABILITY DISCRIMINATION – Reasonable adjustments
The Appellant was employed as a radiographer. Following an accident at work she made a phased return to work until her condition worsened and she recommenced long term sick leave and was eventually dismissed. The Employment Tribunal found a failure to implement various reasonable adjustments and awarded (a) andpound;30,000 plus interest for injury to feelings and (b) andpound;10,000 aggravated damages. The EAT found none of the provisions, criteria or practices (PCP’s) identified by the Tribunal were capable on analysis of being PCP’s. Alternatively the andpound;30,000 award for injury to feelings was well outside the Vento guidelines and there was no basis for awarding aggravated damages: Commissioner of Police for the Metropolis v Shaw UKEAT/0125/11/ZT applied.

Judges:

Birtles J

Citations:

[2012] UKEAT 0417 – 11 – 2303

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 06 October 2022; Ref: scu.452343