Smith v. Network Rail Infrastructure Ltd [2007] UKEAT 0047_07_2404 (24 April 2007)

Smith v. Network Rail Infrastructure Ltd [2007] UKEAT 0047_07_2404 (24 April 2007)

The Employment Tribunal erred in law by limiting consideration to events up to the date of the grievance letter and by failing to recognize that the duty to make reasonable adjustments arose when the Claimant became unable to perform his job. The grievance procedure does not require a new grievance for each continuing act of discrimination. The Tribunal must consider whether reasonable adjustments, including training, should have been provided after the Claimant became permanently unfit for his previous role.

Citation
[2007] UKEAT 0047_07_2404
Parties
Appellant/claimant: Mr A Smith; Respondent/employer: Network Rail
Jurisdiction
United Kingdom
Judgment Date
24 April 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a differently constituted Employment Tribunal.
Legal Topics
Reasonable Adjustments, Continuing Discriminatory Acts, Grievance Procedures, Duty to Make Reasonable Adjustments, Disability Discrimination Act 1995
Employment Law Disability Discrimination Reasonable Adjustments Continuing Discriminatory Acts Grievance Procedures Duty to Make Reasonable Adjustments Disability Discrimination Act 1995

Case Brief

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Parties

Mr A Smith

Appellant/claimant

Network Rail

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether a further grievance is required for continuing discriminatory acts under s32 Employment Act 2002 and Schedule 2 para 6
  2. 2 When the duty to make reasonable adjustments under the Disability Discrimination Act 1995 arises
  3. 3 Whether the Employment Tribunal erred in limiting consideration to events up to the grievance letter

Ratio Decidendi

The Employment Tribunal erred in law by limiting consideration to events up to the date of the grievance letter and by failing to recognize that the duty to make reasonable adjustments arose when the Claimant became unable to perform his job. The grievance procedure does not require a new grievance for each continuing act of discrimination. The Tribunal must consider whether reasonable adjustments, including training, should have been provided after the Claimant became permanently unfit for his previous role.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a differently constituted Employment Tribunal.

Orders

  • The appeal is allowed.
  • The decision of the Employment Tribunal is set aside.