London Borough Of Hillingdon v Bailey (Disability Discrimination : Reasonable adjustments) [2013] UKEAT 0421_12_2802 (28 February 2013)

London Borough Of Hillingdon v Bailey (Disability Discrimination : Reasonable adjustments) [2013] UKEAT 0421_12_2802 (28 February 2013)

The Employment Tribunal misdirected itself as to the correct comparator group and erred in finding a breach of the duty to make reasonable adjustments, as the evidence showed that one-to-one counselling was available and offered. Therefore, there was no breach of the Disability Discrimination Act 1995.

Citation
[2013] UKEAT 0421_12_2802
Parties
Appellant/respondent: London Borough of Hillingdon; Respondent/claimant: Claimant (not named)
Jurisdiction
United Kingdom
Judgment Date
28 February 2013
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; claim dismissed
Legal Topics
Reasonable Adjustments, Comparators in Disability Discrimination, Employer's Duty Under Disability Discrimination Act 1995
Employment Law Disability Discrimination Reasonable Adjustments Comparators in Disability Discrimination Employer's Duty Under Disability Discrimination Act 1995

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Parties

London Borough of Hillingdon

Appellant/respondent

Claimant (not named)

Respondent/claimant

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 What is the correct comparator group for assessing reasonable adjustments under the Disability Discrimination Act 1995?
  2. 2 Did the employer fail to make reasonable adjustments by not providing one-to-one counselling?

Ratio Decidendi

The Employment Tribunal misdirected itself as to the correct comparator group and erred in finding a breach of the duty to make reasonable adjustments, as the evidence showed that one-to-one counselling was available and offered. Therefore, there was no breach of the Disability Discrimination Act 1995.

Court Disposition

Appeal allowed; claim dismissed

Orders

  • Order substituted dismissing the claim for breach of the Disability Discrimination Act 1995