EAT The Appellant is a qualifying body, subject to section 14 of the Disability Discrimination Act. The Tribunal found that it had failed to make a reasonable adjustment in the arrangements it made for sitting an examination. In so doing the Tribunal misdirected itself on certain aspects of law. However, the EAT held that these directions were not material to their conclusion. Their findings were such that it was plain that they would have found a breach of the duty even had they directed themselves properly.
Observations on the burden of proof in reasonable adjustment cases.
Judges:
The Honourable Mr Justice Elias (President)
Citations:
[2007] UKEAT 0028 – 07 – 1005, UKEAT/0028/07, [2007] IRLR 579
Links:
Statutes:
Disability Discrimination Act 1995 14
Citing:
Cited – Mid-Staffordshire General Hospitals NHS Trust v Cambridge EAT 4-Mar-2003
EAT The claimant had presented claims of sex and disability discrimination and victimisation. She suffered injury to her throat when builders demolished a wall near her workstation.
Held: The employer’s . .
Cited by:
Cited – Thomas-Ashley v Drum Housing Association Ltd CA 17-Mar-2010
The tenant had been ordered to leave her flat. She had kept a dog in breach of her tenancy agreement. The landlord had terminated the assured shorthold tenancy by a section 21 notice. She said that they had failed to make reasonable adjustments to . .
Cited – Mcneill v Mcmaster (T/A Chipmaster) NIIT 31-Mar-2010
. .
Cited – Lancashire Care NHS Foundation Trust v Reilly EAT 27-Apr-2010
EAT DISABILITY DISCRIMINATION: Reasonable adjustments
This was an appeal by the Respondent employers against a finding that they had failed to make reasonable adjustments. After the case was opened in the . .
Cited – Chief Constable of South Yorkshire Police v Jelic EAT 29-Apr-2010
EAT DISABILITY DISCRIMINATION
Reasonable adjustments
This appeal concerns the extent of a Chief Constable’s duty of reasonable adjustments under the Disability Discrimination Act towards a serving . .
Cited – Shaw v Queen’s University Belfast NIIT 28-Feb-2008
. .
Cited – McClenaghan v Antrim Borough Council NIIT 21-Aug-2008
. .
Cited – Girvin v Carrickfergus Borough Council … NIIT 1-Sep-2008
. .
Cited – Mitchell v Seagate Technology Ireland NIIT 22-Sep-2008
. .
Cited – E A Gibson Shipbrokers Ltd v Staples EAT 17-Oct-2008
EAT DISABILITY DISCRIMINATION: Reasonable adjustments
Tribunal was entitled to conclude that a combination of adjustments would have allowed an employee suffering from disability to return to work. . .
Cited – Brannigan v Blinds Direct Ltd NIIT 16-Jan-2009
. .
Cited – Smith v Wrightbus Ltd NIIT 26-May-2009
. .
Cited – Johnston v Royal Group Of Hospitals and Dental Hospitals Health and Social Trust NIIT 19-Jun-2009
. .
Cited – Lawlor v Police Service Of Northern Ireland NIIT 10-Jul-2009
. .
Cited – Clarke v The Co-Operative Group Ltd NIIT 19-Aug-2009
. .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 11 July 2022; Ref: scu.251804