EAT DISABILITY DISCRIMINATION – Direct disability discrimination
DISABILITY DISCRIMINATION – Reasonable adjustments
UNFAIR DISMISSAL – Constructive dismissal
Claimant, working as a debt adviser, suffers from agoraphobia and travel anxiety – Resigns when Respondent refuses to move her to bureau closer to her home on a guaranteed permanent basis – Tribunal dismisses claim under section 3A (2) of Disability Discrimination Act 1995 (failure to make reasonable adjustments) on basis (a) that Respondent had neither the actual nor the constructive knowledge required by section 4A (3) (b) and (b) that in any event the refusal was reasonable – Claim of direct discrimination dismissed on basis that Respondent’s decision was not on grounds of Claimant’s disability – In so far as constructive dismissal claim based on the same matters, claim dismissed on basis that Respondent had not breached the contract in any relevant respect – Constructive dismissal claim also based on reduction in Claimant’s salary two years previously: as to that, Tribunal holds that in so far as that was a breach Claimant did not resign in response to it.
Held, dismissing appeal:
(1) Tribunal entitled to find that Respondent did not have the necessary knowledge at any relevant time – Eastern and Coastal Kent Primary Care Trust v Grey [2009] IRLR 429 and Secretary of State for Work and Pensions v Alam [2010] ICR 665 explained
(2) Tribunal entitled to find that Respondent’s conduct was not on the ground of the Appellant’s disability
(3) Tribunal decision on constructive dismissal not vitiated by having directed itself by reference to Claridge v Daler Rowney Ltd. [2008] ICR 1262, notwithstanding Buckland v University of Bournemouth [2010] ICR 908 – Tribunal entitled to find Claimant had not resigned in response to salary reduction.
Judges:
Underhill P J
Citations:
[2011] UKEAT 0293 – 10 – 2306
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 15 September 2022; Ref: scu.441356
