K Preston v E.ON Energy Solutions Limited

K Preston v E.ON Energy Solutions Limited

The Employment Tribunal permissibly found that the respondent did not know, and could not reasonably have been expected to know, of the claimant's substantial disadvantage arising from his disability prior to 18 October 2017; the duty to make reasonable adjustments was not triggered before that date, and the respondent made all reasonable adjustments thereafter. The dismissal was a proportionate means of achieving the legitimate aim of efficient absence management given the claimant's refusal to engage with return-to-work measures.

Parties
Appellant: Mr K Preston; Respondent: E. ON Energy Solutions Limited
Jurisdiction
England and Wales
Judgment Date
06 January 2023
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Disability Definition, Reasonable Adjustments, Dismissal Justification, Proportionality, Knowledge of Disability, Substantial Disadvantage
Employment Law Disability Discrimination Disability Definition Reasonable Adjustments Dismissal Justification Proportionality Knowledge of Disability Substantial Disadvantage

Case Brief

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Parties

Mr K Preston

Appellant

E. ON Energy Solutions Limited

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Did the Employment Tribunal err in its approach to knowledge and substantial disadvantage for reasonable adjustments?
  2. 2 Was the dismissal a proportionate means of achieving a legitimate aim under section 15 Equality Act 2010?
  3. 3 Did the respondent have actual or imputed knowledge of the claimant's disability and disadvantage prior to October 2017?

Ratio Decidendi

The Employment Tribunal permissibly found that the respondent did not know, and could not reasonably have been expected to know, of the claimant's substantial disadvantage arising from his disability prior to 18 October 2017; the duty to make reasonable adjustments was not triggered before that date, and the respondent made all reasonable adjustments thereafter. The dismissal was a proportionate means of achieving the legitimate aim of efficient absence management given the claimant's refusal to engage with return-to-work measures.

Court Disposition

appeal dismissed