Hilaire v Luton Borough Council [2022] EAT 166

Appeal as to whether the employer had made a reasonable adjustment in requiring an employee, who suffered from poor memory and social interaction due to depression, to attend an interview in a collective redundancy situation rather than just ‘slotting him’ into another job.

His Honour Judge Wayne Beard dismissed the appeal: the ET had been right to find the claimant did not attend the interview through choice, not because of his disability. The ET had also been rational in deciding that, given the surrounding circumstances and impact on other employees involved in the redundancy process, no step, including slotting in, would be a reasonable step for the respondent to have to take. Making a reasonable adjustment is not a vehicle for giving an advantage over and above removing the particular disadvantage (see also Archibald v Fife)

https://assets.publishing.service.gov.uk/media/637dfdb6d3bf7f1543b19416/Mr_J_Hilaire_-v-_Luton_Borough_Council_2022__EAT_166.pdf

Published: 23/01/2023 14:16

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