Surrey County Council v Hay: EAT 28 Apr 2006

Disability Discrimination: Reasonable Adjustments and Justification
In finding that the Respondent local authority did not make reasonable adjustments to accommodate the Claimant mobile library manager’s disability, the Employment Tribunal reached a conclusion which was perverse and it failed to explain why the responses given by the Respondent to the suggestions of adjustments were inadequate. The Employment Tribunal wrongly dismissed the assessment of the risk to the Claimant of the working environment which came from two occupational health physicians and the Claimant’s two orthopaedic surgeons. There is no requirement to carry out a ‘formal risk assessment’ but an assessment must be made which meets the facts of the situation: Mid-Staffordshire v Cambridge applied.

Judges:

His Honour Judge Mcmullen QC

Citations:

[2006] UKEAT 0710 – 05 – 2804, UKEAT/0710/05

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Employment

Updated: 14 May 2022; Ref: scu.241632