Wilcox v Birmingham CAB Services Ltd (Disability Discrimination : Direct disability discrimination) [2011] UKEAT 0293_10_2306 (23 June 2011)

Wilcox v Birmingham CAB Services Ltd (Disability Discrimination : Direct disability discrimination) [2011] UKEAT 0293_10_2306 (23 June 2011)

The Tribunal was entitled to find that the Respondent did not have actual or constructive knowledge of the Appellant's disability at any relevant time, and that the refusal to guarantee permanent placement was reasonable. No direct discrimination or breach of contract was established, and the claims for disability discrimination and constructive unfair dismissal fail.

Citation
[2011] UKEAT 0293_10_2306
Parties
Appellant: Appellant (Claimant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
23 June 2011
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed; Tribunal's judgment upheld
Legal Topics
Direct Disability Discrimination, Reasonable Adjustments, Constructive Dismissal, Unfair Dismissal
Employment Law Disability Discrimination Direct Disability Discrimination Reasonable Adjustments Constructive Dismissal Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant (Claimant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Respondent discriminated against the Appellant on grounds of disability
  2. 2 Whether the Respondent failed to make reasonable adjustments under Disability Discrimination Act 1995
  3. 3 Whether the Appellant was constructively dismissed

Ratio Decidendi

The Tribunal was entitled to find that the Respondent did not have actual or constructive knowledge of the Appellant's disability at any relevant time, and that the refusal to guarantee permanent placement was reasonable. No direct discrimination or breach of contract was established, and the claims for disability discrimination and constructive unfair dismissal fail.

Court Disposition

Appeal dismissed; Tribunal's judgment upheld

Orders

  • Claims for direct discrimination, failure to make reasonable adjustments, and constructive unfair dismissal are dismissed