Foster V Cardiff University (Disability Discrimination : Reasonable adjustments) [2013] UKEAT 0422_12_2703 (27 March 2013)

Foster V Cardiff University (Disability Discrimination : Reasonable adjustments) [2013] UKEAT 0422_12_2703 (27 March 2013)

The Tribunal was correct in law to focus on the effects of the claimant's disability and not its causes, and to require a comparator in reasonable adjustments cases. There was no error in the Tribunal's approach to the evidence or agreed adjustments, and the findings on harassment were open to it on the evidence.

Citation
[2013] UKEAT 0422_12_2703
Parties
Appellant: Claimant (Appellant); Respondent: Respondent University
Jurisdiction
United Kingdom
Judgment Date
27 March 2013
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Harassment, Equality Act 2010, Indirect Discrimination
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Harassment Equality Act 2010 Indirect Discrimination

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Parties

Claimant (Appellant)

Appellant

Respondent University

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to the claimant's disability and the effects of anxiety and stress on it
  2. 2 Whether the Tribunal was correct to require a comparator in reasonable adjustments cases
  3. 3 Whether the Tribunal failed to address uncontested material evidence

Ratio Decidendi

The Tribunal was correct in law to focus on the effects of the claimant's disability and not its causes, and to require a comparator in reasonable adjustments cases. There was no error in the Tribunal's approach to the evidence or agreed adjustments, and the findings on harassment were open to it on the evidence.

Court Disposition

Appeal dismissed