EAT Disability Discrimination : Direct Disability Discrimination – Reasonable adjustments
In this appeal the Respondent, Swissport, challenged the Tribunal’s decision under the DDA (a) that there was a failure to make reasonable adjustments, which would have enabled the disabled Claimant to return to work; and (b) that the Claimant’s dismissal was an act of direct disability discrimination.
The Claimant was a flight dispatcher employed at Gatwick Airport who, after an accident at work, had a lengthy absence from work as a result of his injuries and complications before being dismissed. There was no appeal against the finding of unfair dismissal.
The Respondent’s main submission was that the Tribunal fell into the trap identified in Royal Bank of Scotland v. Ashton [2011] ICR 632 and failed to apply the correct legal test in relation to failure to make reasonable adjustments. On appeal, the EAT held that this criticism was not well-founded and the appeal in relation to this finding was dismissed.
The EAT allowed the Respondent’s appeal against the finding of direct disability discrimination on the basis that, although identified in the judgment as an issue requiring determination, dismissal as an act of direct disability discrimination was neither pleaded nor pursued at the hearing and the finding was therefore arrived at in error.
Cox DBE J
[2014] UKEAT 0134 – 13 – 0703
Bailii
England and Wales
Employment
Updated: 01 December 2021; Ref: scu.522333
