Williams v J Walter Thompson Group Ltd

Williams v J Walter Thompson Group Ltd

The employment tribunal correctly applied the law in finding that JWT unlawfully discriminated against Ms Williams by failing to provide necessary training, equipment, and suitable work, and that its actions were not justified. The appeal tribunal erred by substituting its own views for those of the employment tribunal on matters of fact and degree. Ms Williams' constructive dismissal was itself an act of disability discrimination.

Parties
Appellant: Ms Sue Williams; Respondent: J Walter Thompson Group Limited
Jurisdiction
England and Wales
Judgment Date
17 February 2005
Procedural Posture
Appeal (employment/disability Discrimination) / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal allowed; employment tribunal decision reinstated; declaration of discriminatory constructive dismissal added.
Legal Topics
Constructive Dismissal, Reasonable Adjustments, Direct Discrimination, Justification Defence
Employment Law Disability Discrimination Constructive Dismissal Reasonable Adjustments Direct Discrimination Justification Defence

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Parties

Ms Sue Williams

Appellant

J Walter Thompson Group Limited

Respondent

Procedural Posture

Appeal (employment/disability Discrimination) / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether JWT unlawfully discriminated against Ms Williams on grounds of disability
  2. 2 Whether JWT failed to make reasonable adjustments as required by law
  3. 3 Whether JWT's actions were justified under the Disability Discrimination Act 1995

Ratio Decidendi

The employment tribunal correctly applied the law in finding that JWT unlawfully discriminated against Ms Williams by failing to provide necessary training, equipment, and suitable work, and that its actions were not justified. The appeal tribunal erred by substituting its own views for those of the employment tribunal on matters of fact and degree. Ms Williams' constructive dismissal was itself an act of disability discrimination.

Court Disposition

Appeal allowed; employment tribunal decision reinstated; declaration of discriminatory constructive dismissal added.

Orders

  • Employment tribunal's decision in favour of Ms Williams reinstated
  • Declaration that constructive unfair dismissal was an act of disability discrimination within s4(2)(d) of the Disability Discrimination Act 1995