The Claimant was disabled by virtue of a lung condition. He had received letters from Public Health England that he was deemed clinically extremely vulnerable to COVID as a result of his disability. He was required by the Respondent to attend work during the pandemic. The Claimant requested to be absent from work on furlough as a reasonable adjustment. This was refused by the Respondent, but the Claimant was given the option of remaining off work shielding on statutory sick pay. The ET dismissed his claims for indirect disability discrimination, failure to make reasonable adjustments, unfair dismissal and victimisation. The Claimant appealed.

The EAT allowed the appeal. The ET had erred in (i) finding that the Claimant was not at a particular disadvantage regarding the indirect discrimination claim; (ii) in its approach to objective justification and indirect discrimination; (iii) reasonable adjustments; (iv) unfair dismissal and had failed to address the wrongful dismissal claim at all. The case was remitted back to a differently constituted ET to consider these claims.