Secretary of State for Work and Pensions (Jobcentre Plus) v Higgins (Disability Discrimination : Reasonable Adjustments): EAT 25 Oct 2013

UNFAIR DISMISSAL – Reasonableness of dismissal
The duty to make adjustments. The Tribunal did not identify the correct PCP. The Tribunal did not identify the disadvantage which the adjustment was to avoid and did not assess to what extent the adjustment would be effective to avoid the disadvantage. Discussion of the concept of a PCP in the setting of section 20(3) of the Equality Act 2010; and of the different elements which the Tribunal must address in considering section 20(3).
Section 98(4). The Tribunal did not apply the ‘range of reasonable responses’ test in a critical paragraph of its reasons, starting from its own view that an unreasonable offer had been made, and failing to ask whether the decision maker was reasonable in concluding that a proper plan had been put in place with which the Claimant should have complied.

David Richardson J
[2013] UKEAT 0579 – 12 – 2510
England and Wales

Employment, Discrimination

Updated: 23 November 2021; Ref: scu.517225