Jennings v Barts And The London NHS Trust (Disability Discrimination : Disability related discrimination) [2012] UKEAT 0056_12_0502 (5 February 2013)

Jennings v Barts And The London NHS Trust (Disability Discrimination : Disability related discrimination) [2012] UKEAT 0056_12_0502 (5 February 2013)

The Employment Tribunal was entitled to find that the employer had actual or constructive knowledge of the claimant's disability, as the relabelling of the mental impairment did not amount to hindsight but recognition of the same underlying condition. The Tribunal sufficiently addressed the issue of reasonable adjustments, and the dismissal was within the range of reasonable responses. Procedural shortcomings did not render the dismissal unfair, and the Tribunal did not misapply the law regarding reasonable adjustments or knowledge of disability.

Citation
[2012] UKEAT 0056_12_0502
Parties
Appellant/claimant: Mr Jennings; Respondent/employer: Respondent (NHS Trust)
Jurisdiction
United Kingdom
Judgment Date
05 February 2013
Procedural Posture
Employment Appeal / Appeal and Cross Appeal Judgment
Outcome
Appeal dismissed; Cross-appeal dismissed.
Legal Topics
Disability Discrimination, Unfair Dismissal, Reasonable Adjustments, Constructive Knowledge, Employment Procedures
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Reasonable Adjustments Constructive Knowledge Employment Procedures

Case Brief

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Parties

Mr Jennings

Appellant/claimant

Respondent (NHS Trust)

Respondent/employer

Procedural Posture

Employment Appeal / Appeal and Cross Appeal Judgment

Legal Issues

  1. 1 Whether the employer had actual or constructive knowledge of the claimant's disability under the Disability Discrimination Act 1995
  2. 2 Whether the employer failed to make reasonable adjustments for the claimant's disability
  3. 3 Whether the dismissal of the claimant was unfair under the Employment Rights Act

Ratio Decidendi

The Employment Tribunal was entitled to find that the employer had actual or constructive knowledge of the claimant's disability, as the relabelling of the mental impairment did not amount to hindsight but recognition of the same underlying condition. The Tribunal sufficiently addressed the issue of reasonable adjustments, and the dismissal was within the range of reasonable responses. Procedural shortcomings did not render the dismissal unfair, and the Tribunal did not misapply the law regarding reasonable adjustments or knowledge of disability.

Court Disposition

Appeal dismissed; Cross-appeal dismissed.

Orders

  • The appeal by the claimant is dismissed.
  • The cross-appeal by the respondent is dismissed.