Lamb v The Garrard Academy UKEAT/0042/18/RN
Appeal against the ET’s conclusion that the duty to make reasonable adjustments did not arise in this case. Appeal allowed.
The Claimant brought proceedings for unlawful disability discrimination against the Respondent. The grievance in this case related to two central incidents involving the Respondent's deputy head. The Claimant was a disabled person, by virtue of post-traumatic stress disorder following child abuse triggered by alleged bullying at work and reactive depression. In relation to the two incidents at issue, the ET concluded that the Respondent had no actual or constructive knowledge of the Claimant's disability at the relevant time, and so the duty to make reasonable adjustments did not arise in this case.
The EAT found that the ET had erred in law in its conclusion regarding actual or constructive knowledge; further, the ET had wrongly concluded that none of the three adjustments contended for by the Claimant were reasonable. The EAT made substituted findings in exercise of its powers under s 35 ETA 1996.
Published: 02/01/2019 19:40