Johnson v Manpower Direct (UK) Ltd

Johnson v Manpower Direct (UK) Ltd

Given the Borough's dissatisfaction with the applicant's performance and the lack of relevant experience, it was not unreasonable for the employer not to request a waiver of the experience requirement or to seek training from the Borough. There is no realistic prospect of the appeal succeeding.

Parties
Applicant: Johnson; Respondent: Manpower Direct (UK) Limited
Jurisdiction
England and Wales
Judgment Date
10 December 2015
Procedural Posture
Employment Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Reasonable Adjustments, Equality Act 2010, Employer Obligations
Employment Law Disability Discrimination Reasonable Adjustments Equality Act 2010 Employer Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Johnson

Applicant

Manpower Direct (UK) Limited

Respondent

Procedural Posture

Employment Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the employer failed to make reasonable adjustments under the Equality Act 2010 for a disabled employee
  2. 2 Whether the employer should have requested the client to waive the experience requirement or provide training

Ratio Decidendi

Given the Borough's dissatisfaction with the applicant's performance and the lack of relevant experience, it was not unreasonable for the employer not to request a waiver of the experience requirement or to seek training from the Borough. There is no realistic prospect of the appeal succeeding.

Court Disposition

permission to appeal refused