Robinson v Department for Work And Pensions

Robinson v Department for Work And Pensions

The Employment Tribunal’s findings of fact did not establish that the claimant was subjected to unfavourable treatment because of something arising in consequence of her disability, nor did they engage with the relevant managers’ thought processes as required by law. The ET’s rejection of the reasonable adjustments...

Source-derived case information.

Parties
Appellant: Elaine Robinson; Respondent: Department for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
07 July 2020
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Remittal, Burden of Proof
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Remittal Burden of Proof

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Parties

Elaine Robinson

Appellant

Department for Work and Pensions

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding discrimination arising from disability under s 15 Equality Act 2010
  2. 2 Whether the Employment Appeal Tribunal was correct not to remit the case to the Employment Tribunal
  3. 3 Whether the ET made sufficient findings of fact to justify shifting the burden of proof under s 136 Equality Act 2010

Ratio Decidendi

The Employment Tribunal’s findings of fact did not establish that the claimant was subjected to unfavourable treatment because of something arising in consequence of her disability, nor did they engage with the relevant managers’ thought processes as required by law. The ET’s rejection of the reasonable adjustments claim under s 20 Equality Act 2010 was incompatible with upholding the s 15 claim. Therefore, the s 15 claim must fail and the appeal is dismissed.

Court Disposition

Appeal dismissed