The Claimant suffers from a serious spinal complaint and requested flexible working in various different permutations which the Respondent could not accommodate due to operational concerns. The Respondent had also attempted to provide her with a suitable chair and other adjustments. However, one adjustment the Respondent did not offer was the use of a digital, as opposed to manual, microscope, the argument being that the use of a digital microscope would endanger patients. The Claimant went off sick and her employment was eventually terminated on the grounds of ill health. The ET dismissed complaints of direct disability discrimination, discrimination because of something arising in consequence of disability, failure to make reasonable adjustments (hours of work, chair, digital microscope, workstation and time off for medical appointments), disability harassment, unfair dismissal, unauthorised deductions from pay, breach of contract and unreasonable failure to provide a written statement of reasons for dismissal. The Claimant appealed on the basis that it failed to take account of evidence and/or reached perverse conclusions and/or failed to give adequate reasons.

The EAT dismissed the appeal. Any changes to working hours and the chair, amongst other adjustments, would have made no difference because the Claimant could not use a manual microscope. The decision of the ET was properly reasoned on the evidence and that on a fair reading of the judgment the ET had not misunderstood the factual situation as asserted by the Claimant.