EAT DISABILITY DISCRIMINATION: Reasonable adjustments
DISABILITY DISCRIMINATION: Disability related discrimination
The Claimant suffered from ME. The Tribunal found disability discrimination in that her employer had failed to make reasonable adjustments in that (1) over a short period it had failed to offer her the adjusted hours of work she wanted; (2) it had not installed a stair lift to enable her to access the employer’s first and second floor offices; (3) (alternatively) permitted some home working; and (4) (in the further alternative) rented adjoining ground floor accommodation for her use. There was no appeal in relation to (1).
Held: in relation to (2), the matter should be remitted to the Tribunal for further consideration in the light of the Tribunal’s apparent failure to take a number of important matters into account: in relation to (3), there was no evidentiary basis for finding that home working was a realistic possibility, and as to (4), assuming that renting further office space could in certain circumstances amount to a reasonable adjustment, there was no evidentiary basis for holding such office space was available.
[2009] UKEAT 0224 – 08 – 1102
Bailii
Disability Discrimination Act 1995
England and Wales
Employment, Discrimination
Updated: 01 November 2021; Ref: scu.304524
