EAT DISABILITY DISCRIMINATION
Disability related discrimination
Direct disability discrimination
An Employment Tribunal failed to focus on the wording of the Disability Discrimination Act 1995 in concluding there had been no reasonable adjustment when the employer failed further to extend the benefits of the sick pay scheme to her, when they were already well beyond that which the evidence showed was given to non-disabled employees when sick. The ET had approached it as if a claim for unfair dismissal, when the employer’s reasons would be relevant, whereas ‘reasonable adjustment’ is to be judged by the result, not the process by which it is reached. Comprehensive errors of approach, law and fact pervaded the ET’s approach.
Judges:
Langstaff J
Citations:
[2010] UKEAT 0542 – 09 – 1612, [2011] ICR 632
Links:
Statutes:
Disability Discrimination Act 1995
Cited by:
Cited – General Dynamics Information Technology Ltd v Carranza EAT 10-Oct-2014
EAT DISABILITY DISCRIMINATION – Reasonable adjustments
UNFAIR DISMISSAL – Reasonableness of dismissal
The Employment Tribunal, by a majority, found that the Respondent was in breach of a duty to make . .
Cited – Firstgroup Plc v Paulley CA 8-Dec-2014
The claimant a wheelchair user had been unable to travel on a bus when a mother had left her sleeping child in a pushchair. The mother said she was unable to fold down the pushchair, and would not move the child. The claimant said that the driver . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 01 September 2022; Ref: scu.428725