Newham Sixth Form College v Sanders

Newham Sixth Form College v Sanders

The Employment Tribunal's decision was flawed for failing to properly identify and analyse the nature and extent of the substantial disadvantage suffered by the claimant, to make adequate findings as to the employer's knowledge of that disadvantage, and to objectively assess the reasonableness of the proposed adjustments. The Tribunal's reasoning did not comply with the requirements set out in Rowan and Ashton.

Parties
Appellant/claimant: Miss Natalie Sanders; Respondent/defendant: Newham Sixth Form College
Jurisdiction
England and Wales
Judgment Date
07 May 2014
Procedural Posture
Appeal (employment) / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed; case remitted to a differently constituted Employment Tribunal for reconsideration.
Legal Topics
Reasonable Adjustments, Disability Discrimination Act 1995, Employment Tribunal Procedure
Employment Law Disability Discrimination Reasonable Adjustments Disability Discrimination Act 1995 Employment Tribunal Procedure

Case Brief

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Parties

Miss Natalie Sanders

Appellant/claimant

Newham Sixth Form College

Respondent/defendant

Procedural Posture

Appeal (employment) / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal properly identified the nature and extent of the substantial disadvantage suffered by the claimant due to the employer's provision, criterion or practice (PCP)
  2. 2 Whether the Employment Tribunal properly assessed the reasonableness of proposed adjustments under the Disability Discrimination Act 1995
  3. 3 Whether the Employment Tribunal made adequate findings as to the employer's knowledge of the claimant's disadvantage

Ratio Decidendi

The Employment Tribunal's decision was flawed for failing to properly identify and analyse the nature and extent of the substantial disadvantage suffered by the claimant, to make adequate findings as to the employer's knowledge of that disadvantage, and to objectively assess the reasonableness of the proposed adjustments. The Tribunal's reasoning did not comply with the requirements set out in Rowan and Ashton.

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