Newham Sixth Form College v Sanders [2014] EWCA Civ 734 (07 May 2014)
The Employment Tribunal's decision was flawed for failing to properly analyse the nature and extent of the claimant's disadvantage, the employer's knowledge of it, and the objective reasonableness of proposed adjustments, as required by established case law.
- Citation
- [2014] EWCA Civ 734
- Parties
- Appellant/claimant: Miss Natalie Sanders; Respondent/defendant: Newham Sixth Form College
- Jurisdiction
- England and Wales
- Judgment Date
- 07 May 2014
- Procedural Posture
- Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
- Outcome
- Appeal dismissed; case remitted to a differently constituted Employment Tribunal for reconsideration.
- Legal Topics
- Disability Discrimination, Reasonable Adjustments, Employment Tribunal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Miss Natalie Sanders
Appellant/claimant
Newham Sixth Form College
Respondent/defendant
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Legal Issues
- 1 Whether the Employment Tribunal properly identified the nature and extent of the substantial disadvantage suffered by the claimant under the Disability Discrimination Act 1995
- 2 Whether the Employment Tribunal properly assessed the reasonableness of proposed adjustments
- 3 Whether the Employment Tribunal made adequate findings regarding the employer's knowledge of the claimant's disadvantage
Ratio Decidendi
The Employment Tribunal's decision was flawed for failing to properly analyse the nature and extent of the claimant's disadvantage, the employer's knowledge of it, and the objective reasonableness of proposed adjustments, as required by established case law.
Court Disposition
Appeal dismissed; case remitted to a differently constituted Employment Tribunal for reconsideration.
Orders
- Appeal dismissed
- Case remitted to a different constitution of the Employment Tribunal
Full Case Text
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