Yorke v GlaxoSmithKline Services Unlimited: EA-2019-000962-BA

Judgment concerning an appeal against a decision which found that a Claimant’s dismissal had not been unjustified on discrimination grounds on the basis that reasonable adjustments could have been made to transfer the Claimant to another role.

The Claimant was employed as Mover by the Respondent. She was frequently absent from work due to rheumatoid arthritis, and this led to the Claimant’s eventually dismissal on the basis of medical incapability. Before the Employment Tribunal (ET), the Claimant argued that the Respondent should have made reasonable adjustments by offering her a role as a First Line Leader (FLL), and that the Respondent’s failure to do so constituted a failure to make reasonable adjustments. On this basis, the Claimant contended that the dismissal was unjustified and constituted discrimination due to something arising from a disability. The ET dismissed the claim, and the Claimant was granted leave to appeal on the assertation that the ET has erred in law and the Claimant should have been offered the FLL role.

The Employment Appeal Tribunal dismissed the appeal. The ET did not err in law as a transfer to the FLL role had not been expressly brought before the Tribunal as a reasonable adjustment and even if this had been the case, the ET had sufficiently considered the matter and found that the FLL role was not a reasonable alternative. A formal application was also required by the Respondent for the FLL role, and this had not been relied upon as a provision criterion or practice before the ET.


Published: 14/09/2021 08:48

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