The Claimant, who was disabled for the purposes of the Equality Act 2010 ("EqA 2010"), was dismissed by the Respondent by reason of capability. The ET rejected her claims of protected disclosure dismissal and direct disability discrimination, but it found that she was unfairly dismissed and that the Respondent had discriminated against the Claimant by failing to comply with a duty to make reasonable adjustments. The Respondent appealed on grounds including that the ET had erred in finding that a one-off error, resulting in a failure to apply the redeployment period set out in the Sickness Absence and Monitoring Policy Management Guidance, was capable of amounting to a provision, criterion or practice ("PCP") for the purposes of section 20 of the EqA 2010.

The EAT held that there were clear errors of law in relation to the ET's findings, and the appeal would be allowed. Since the only option for an ET, on remittal, would be to reject the claim, the EAT substituted its own finding and dismissed the claim of failure to make reasonable adjustments.