McCarthy v Jaguar Cars Ltd (Disability Discrimination : Reasonable adjustments) [2013] UKEAT 0320_13_1511 (15 November 2013)

McCarthy v Jaguar Cars Ltd (Disability Discrimination : Reasonable adjustments) [2013] UKEAT 0320_13_1511 (15 November 2013)

The Employment Tribunal was entitled to adopt a truncated approach to the Rowan guidance because the PCP, comparator pool, and substantial disadvantage were obvious or conceded. The Tribunal correctly focused on whether reasonable adjustments made by the employer (scoring only pre-disability employment record) removed the disadvantage, and found that they did. There was sufficient evidence that selection for secondment was based on training and qualifications, not disability. No error of law was made.

Citation
[2013] UKEAT 0320_13_1511
Parties
Appellant/claimant: Mr McCarthy; Respondent/employer: Jaguar Cars Limited
Jurisdiction
United Kingdom
Judgment Date
15 November 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Reasonable Adjustments, Unfair Dismissal, Direct Disability Discrimination, Redundancy Selection, Equality Act 2010, Disability Discrimination Act 1995
Employment Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Direct Disability Discrimination Redundancy Selection Equality Act 2010 Disability Discrimination Act 1995

Case Brief

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Parties

Mr McCarthy

Appellant/claimant

Jaguar Cars Limited

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal failed to properly apply the structured approach to reasonable adjustments as set out in Rowan v Environment Agency
  2. 2 Whether the Claimant was subject to direct disability discrimination in redundancy and secondment selection

Ratio Decidendi

The Employment Tribunal was entitled to adopt a truncated approach to the Rowan guidance because the PCP, comparator pool, and substantial disadvantage were obvious or conceded. The Tribunal correctly focused on whether reasonable adjustments made by the employer (scoring only pre-disability employment record) removed the disadvantage, and found that they did. There was sufficient evidence that selection for secondment was based on training and qualifications, not disability. No error of law was made.

Court Disposition

Appeal dismissed