Perry’s Motor Sales Ltd v Evans (Disability Discrimination: Reasonable adjustments) [2014] UKEAT 0275_14_1711 (17 November 2014)

Perry’s Motor Sales Ltd v Evans (Disability Discrimination: Reasonable adjustments) [2014] UKEAT 0275_14_1711 (17 November 2014)

The Employment Tribunal was entitled to find that the Respondent failed to properly implement reasonable adjustments, justifying the finding of discrimination and constructive dismissal. However, the Tribunal's findings raised a question as to whether the reasonable adjustments claim was presented in time or whether time should be extended, requiring remittal for further consideration. The delay in grievance appeal and receipt of sick pay did not amount to affirmation or bar the claim. Costs application refused as Respondent's partial success did not warrant an award.

Citation
[2014] UKEAT 0275_14_1711
Parties
Applicant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
17 November 2014
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed in part; main grounds dismissed; time issue remitted to Employment Tribunal; costs application refused.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Constructive Dismissal, Jurisdictional Time Limits, Costs
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Constructive Dismissal Jurisdictional Time Limits Costs

Case Brief

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Parties

Claimant

Applicant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding failure to make reasonable adjustments under Equality Act 2010
  2. 2 Whether the reasonable adjustments claim was presented out of time and if extension of time was just and equitable
  3. 3 Whether the finding of constructive dismissal was properly made

Ratio Decidendi

The Employment Tribunal was entitled to find that the Respondent failed to properly implement reasonable adjustments, justifying the finding of discrimination and constructive dismissal. However, the Tribunal's findings raised a question as to whether the reasonable adjustments claim was presented in time or whether time should be extended, requiring remittal for further consideration. The delay in grievance appeal and receipt of sick pay did not amount to affirmation or bar the claim. Costs application refused as Respondent's partial success did not warrant an award.

Court Disposition

Appeal allowed in part; main grounds dismissed; time issue remitted to Employment Tribunal; costs application refused.

Orders

  • Time issue remitted to same Employment Tribunal for reconsideration
  • No award of costs to Respondent