Smith v Network Rail Infrastructure Ltd: EAT 24 Apr 2007

EAT Disability Discrimination – Reasonable adjustments
Where a Claimant submits a grievance relating to a continuing discriminatory act, s32 Employment Act 2002, and Schedule 2 para 6 do not require him to serve a further grievance in respect of the same continuing act. The Employment Tribunal was also in error in failing to hold that the duty to make reasonable adjustments under the Disability Discrimination Act 1995 arose when the Claimant became permanently unfit for his existing work.

Judges:

His Honour Judge Serota

Citations:

[2007] UKEAT 0047 – 07 – 2404, UKEAT/0047/07

Links:

Bailii, EATn

Statutes:

Employment Act 2002 32, Disability Discrimination Act 1995

Cited by:

CitedStep In Time Ltd v Fox and Another EAT 3-Nov-2008
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES
Whether infringed
The employment judge held that the two claimants had complied with the statutory grievance procedures and that the Tribunal had . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 10 July 2022; Ref: scu.251665