Hay v Surrey County Council

Hay v Surrey County Council

The Employment Tribunal's decision was perverse because it failed to properly consider the consistent medical evidence that Ms Hay was unfit for her previous role, and wrongly treated the absence of a formal risk assessment as fundamental. Reasonable adjustments proposed by the ET were either unfeasible or would have redefined the job. Surrey County Council was justified in redeploying Ms Hay and dismissing her when she refused alternative employment.

Parties
Appellant: Sylvia Hay; Respondent: Surrey County Council
Jurisdiction
England and Wales
Judgment Date
16 February 2007
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Reasonable Adjustments, Unfair Dismissal, Perversity Standard, Risk Assessment, Disability Discrimination Act 1995
Employment Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Perversity Standard Risk Assessment Disability Discrimination Act 1995

Case Brief

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Parties

Sylvia Hay

Appellant

Surrey County Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether Surrey County Council failed to make reasonable adjustments for Ms Hay under the Disability Discrimination Act 1995
  2. 2 Whether the Employment Tribunal's findings were perverse
  3. 3 Whether a formal risk assessment was a legal requirement under section 5 of the Act

Ratio Decidendi

The Employment Tribunal's decision was perverse because it failed to properly consider the consistent medical evidence that Ms Hay was unfit for her previous role, and wrongly treated the absence of a formal risk assessment as fundamental. Reasonable adjustments proposed by the ET were either unfeasible or would have redefined the job. Surrey County Council was justified in redeploying Ms Hay and dismissing her when she refused alternative employment.

Court Disposition

appeal dismissed

Orders

  • The order of the Employment Appeal Tribunal is upheld.
  • The appeal by Ms Hay is dismissed.