Environment Agency v. Rowan [2007] UKEAT 0060_07_0111 (1 November 2007)

Environment Agency v. Rowan [2007] UKEAT 0060_07_0111 (1 November 2007)

The appeal was allowed on the ground that the Employment Tribunal failed to identify the nature and extent of the substantial disadvantage suffered by the Claimant and did not explain how the proposed adjustment (home-working) would have alleviated that disadvantage. Without such findings, the Tribunal could not properly determine whether the Respondent failed to make reasonable adjustments. The appeal on unfair dismissal was dismissed as the Tribunal was entitled to find that the taped conversations constituted a repudiatory breach and the Claimant did not affirm the contract.

Citation
[2007] UKEAT 0060_07_0111
Parties
Appellant/respondent: The Environment Agency; Respondent/claimant: [Claimant Name Not Provided]
Jurisdiction
United Kingdom
Judgment Date
01 November 2007
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; remitted for rehearing before a differently constituted Tribunal.
Legal Topics
Reasonable Adjustments, Constructive Dismissal, Unfair Dismissal, Burden of Proof, Time Limits for Discrimination Claims
Employment Law Disability Discrimination Reasonable Adjustments Constructive Dismissal Unfair Dismissal Burden of Proof Time Limits for Discrimination Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

The Environment Agency

Appellant/respondent

[Claimant Name Not Provided]

Respondent/claimant

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal failed to identify the nature and extent of the substantial disadvantage suffered by the Claimant under the Disability Discrimination Act 1995
  2. 2 Whether the Employment Tribunal failed to provide adequate reasons for its findings on disability discrimination and reasonable adjustments
  3. 3 Whether the refusal to allow home-working constituted a failure to make reasonable adjustments

Ratio Decidendi

The appeal was allowed on the ground that the Employment Tribunal failed to identify the nature and extent of the substantial disadvantage suffered by the Claimant and did not explain how the proposed adjustment (home-working) would have alleviated that disadvantage. Without such findings, the Tribunal could not properly determine whether the Respondent failed to make reasonable adjustments. The appeal on unfair dismissal was dismissed as the Tribunal was entitled to find that the taped conversations constituted a repudiatory breach and the Claimant did not affirm the contract.

Court Disposition

Appeal allowed in part; remitted for rehearing before a differently constituted Tribunal.

Orders

  • Appeal allowed on disability discrimination issue.
  • Appeal dismissed on unfair dismissal issue.