EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements
DISABILITY DISCRIMINATION – Reasonable adjustments
Claimant incapacitated from driving duties as a result of a seizure – Dismissed – Claim originally pleaded as unfair dismissal – Seeks to amend to claim under Disability Discrimination Act 1995 that dismissal was the result of a failure to make reasonable adjustments that would have permitted him to remain in employment but not undertake driving duties – Employer resists on basis that Claimant had not lodged a corresponding grievance and that claim was accordingly debarred by s.32 of Employment Act 2002 – Tribunal holds that grievance procedure did not apply by reason of reg. 6 (5) of Employment Act 2002 (Dispute Resolution) Regulations 2004 and allows amendment.
HELD: Tribunal correct to apply reg. 6 (5) – It was immaterial that as a matter of formal analysis the dismissal was the result of the acts complained of rather than being relied on as itself an act of discrimination.
Citations:
[2010] UKEAT 0047 – 09 – 0906
Links:
Employment
Updated: 22 August 2022; Ref: scu.421386