EAT DISABILITY DISCRIMINATION: Reasonable adjustments
The Claimant suffered from plantar fasciitis and asthma. The Tribunal found disability discrimination in that the employer had failed to make reasonable adjustments in that (1) it did not discount a period of absence caused by plantar fasciitis in 2005 (at a time when neither party realised that the Claimant’s foot condition might amount to a disability) when determining to dismiss him for poor attendance in July 2007 and (2) it did not make further inquiries as to whether his absence in April 2007 might have been caused by an interaction between a flu jab and his asthma (the Respondent’s medical advice then being that the asthma was mild and did not amount to a disability and there being no medical evidence that the flu jab and the asthma might have interacted). The Respondent appealed on the grounds that the decision was not Meek compliant and other grounds.
Held: the decision was not Meek compliant. The Respondent could not see why it had lost and the case should be remitted for re-hearing before a different panel.
Citations:
[2009] UKEAT 0507 – 08 – 2707
Links:
Statutes:
Disability Discrimination Act 1995
Employment, Discrimination
Updated: 30 July 2022; Ref: scu.372609