Ali v New College Manchester Ltd (Disability Discrimination) [2017] UKEAT 0154_16_2702 (27 February 2017)

Ali v New College Manchester Ltd (Disability Discrimination) [2017] UKEAT 0154_16_2702 (27 February 2017)

The Employment Tribunal did not err in law in its approach to the Respondent’s knowledge of disability, the identification of the PCP for reasonable adjustments, the application of the harassment test, or the assessment of the reason for treatment in the direct discrimination claim. The Tribunal’s findings were supported by evidence and correct application of legal principles.

Citation
[2017] UKEAT 0154_16_2702
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
27 February 2017
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Direct Discrimination, Harassment, Burden of Proof
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Direct Discrimination Harassment Burden of Proof

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to the Respondent’s knowledge (actual or constructive) of the Claimant’s disability
  2. 2 Whether the Tribunal adopted too narrow an interpretation of the relevant PCP for reasonable adjustments
  3. 3 Whether the Tribunal erred in its approach to the harassment claim, specifically the test for 'related to' disability and the perception of the Claimant

Ratio Decidendi

The Employment Tribunal did not err in law in its approach to the Respondent’s knowledge of disability, the identification of the PCP for reasonable adjustments, the application of the harassment test, or the assessment of the reason for treatment in the direct discrimination claim. The Tribunal’s findings were supported by evidence and correct application of legal principles.

Court Disposition

Appeal dismissed