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England and Wales decisions
Decisions matching the current search
The EAT dismissed an employee’s disability discrimination appeal, upholding findings that redeployment, training, delay, or helpdesk placement were not reasonable adjustments.
The Employment Tribunal erred in law by failing to consider redeployment as an alternative to dismissal when determining the fairness of the dismissal, a sufficiently well-established principle in cases of dismissal arising from ill-health absence, requiring remittal for further consideration.
Source excerpt
Andrew v Royal Devon And Exeter NHS Foundation Trust [2022] EWHC 2992 (Ch) (28 November 2022)
High Court appeal from a Pensions Ombudsman determination over an incorrect ill-health retirement estimate. Appeal failed on reliance, but succeeded on redeployment.
High Court appeal from the Pensions Ombudsman over an incorrect ill-health retirement estimate, addressing reliance, causation, and possible redeployment.
The Court of Appeal refused permission to appeal in a disability discrimination case, holding there was no real prospect of success on the reasonable adjustments issue.
NTL Group Ltd v Difolco [2006] EWCA Civ 1508 (12 October 2006)
The Court of Appeal allowed NTL’s appeal, holding that the tribunal had not clearly identified the arrangements said to create a substantial disadvantage under the DDA.
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