The claimant suffered depression, and complained that the respondent’s reduction in her pay after long periods of sickness was discriminatory. She appealed decisions that it was not. She said that a reasonable adjustment would have been to continue her sick pay unreduced.
Held: The claim was unrealistic since it did not recognise the effect of the frustration of the contract.
Citations:
Times 13-Apr-2007, [2007] EWCA Civ 283, [2007] IRLR 404, [2007] ICR 1359
Links:
Statutes:
Disability Discrimination Act 1995
Jurisdiction:
England and Wales
Citing:
Cited – Post Office v Jones CA 5-Jun-2001
The employee had become diabetic. Upon his coming to require insulin, the employer undertook a new risk assessment, and restricted his duties as a driver. He claimed disability discrimination. At the tribunal, both employer and employee brought . .
Cited – Archibald v Fife Council HL 1-Jul-2004
The claimant was employed as a street sweeper. She suffered injury to her health making it difficult to do her work. She was dismissed, and claimed that being disabled, the employer had not made reasonable adjustments to find alternative work for . .
Appeal from – O’Hanlon v The Commissioners for HM Revenue and Customs EAT 26-Jun-2006
EAT Disability Discrimination – Reasonable adjustments.
The Appellant was disabled within the meaning of the Disability Discrimination Act. The sick pay rules of her employer provided that anyone absent . .
Cited – 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 . .
Cited – Clark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .
Cited – Taylor v OCS Group Ltd CA 31-May-2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior . .
Cited – London Clubs Management Ltd v Hood EAT 18-Sep-2001
The employee developed a series of headaches. He was off work for many weeks, and the company cut his sick pay. He claimed disability discrimination. The company claimed he was not being paid because he was not at work, the company having exercised . .
Cited – Collins v Royal National Theatre Board Limited CA 17-Feb-2004
Can an employer’s failure to make adjustments to accommodate a disabled employee be unreasonable but justified?
Held: The justification under 5(2)(b) must be something other than the circumstances which are taken into account for the purpose . .
Cited – Bilka-Kaufhaus v Webers Von Hartz ECJ 13-May-1986
ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of . .
Cited – Rainey v Greater Glasgow Health Board HL 27-Nov-1986
The House considered the scope of the ‘genuine material factor’ defence in section 1(3) of the Act where prima facie indirect discrimination exists and objective justification needs to be established.
Held: The House adopted the approach of . .
Cited – Hampson v Department of Education and Science HL 7-Jun-1990
A teacher of Hong Kong national origin was refused qualified teacher status in this country because the Secretary of State had not exercised a power conferred on him by the relevant regulations to treat her Hong Kong qualifications as equivalent to . .
Cited by:
Cited – Mitchell v Seagate Technology Ireland NIIT 22-Sep-2008
. .
Cited – Robertson v Northern Ireland Institute For the Disabled NIIT 20-Oct-2008
. .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 15 October 2022; Ref: scu.250689
