EAT PRACTICE AND PROCEDURE
DISABILITY DISCRIMINATION
Reasonable adjustments
An Originating Application made a claim for compensation for detriment suffered by reason of the employer’s failure to make reasonable adjustments to accommodate the employee’s disability. At the pre-hearing review, and thereafter, the issue of disability discrimination identified by the parties for the Tribunal to resolve was whether the employer had dismissed the Claimant for a reason related to her disability. The Tribunal approached its decision on that basis, and was not invited to do otherwise until (once it had given its decision) the Claimant sought a review on the basis that there was a claim for in respect of failure to make reasonable adjustments which was free-standing and not tied to that for dismissal, which (on the factual findings as made) ought to have been answered in favour of the Claimant. It was thus argued the Tribunal had failed to determine a claim which was before it.
Held: on appeal from the Tribunal’s decision to hold a review, but refuse to alter its decision, that the Tribunal was entitled to act as it did, since its task was to determine the issues the parties put before it for decision, and that it had done.
Citations:
[2010] UKEAT 0455 – 09 – 1301
Links:
Employment
Updated: 17 August 2022; Ref: scu.410572
