Nottingham City Homes Ltd v Brittain UKEAT/0038/18/JOJ

Appeal against findings that the dismissal of the Claimant was contrary to s15 EqA 2010 as it constituted unjustified discrimination arising from disability and that the Respondent was in breach of ss20 and 21 EqA 2010 in that they had failed to make reasonable adjustments. Appeal allowed in part.

The Claimant was suffering from a rare form of cancer and was dismissed, the reason for dismissal being that the Claimant had qualified for early ill health retirement; it was not for reasons of capability. The ET found that the Respondent was not fully in possession of sufficient medical evidence to be reasonably informed as to whether a number of adjustments could have enabled the Claimant to return to his substantive role before deciding that he should be dismissed on ill health early retirement terms. The Claimant's claims of disability discrimination under ss15, 20 and 21 succeeded and the Respondent appealed.

The EAT allowed the appeal relating to s21 EqA (challenging the finding that the Respondent failed to make reasonable adjustments) but dismissed the s15 ground. The ET did not err in concluding that the Respondent was not in possession of sufficient medical evidence to draw reasonable conclusions to dismiss the Claimant when they did. However it was arguable that no reasonable tribunal on the evidence before them could conclude as this ET did that with adjustments the Claimant would have been fit to return to work on a phased basis between April and June 2016. Further, the argument that the ET failed to give sufficient reasons to enable the parties to know why the ET reached the conclusion that with reasonable adjustments the Claimant would have been able to return to work on a phased basis between April and June 2016 was well made.

Published: 20/07/2018 17:18

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