Newham Sixth Form College v Sanders (Disability Discrimination : Reasonable adjustments) [2013] UKEAT 610_12_0207 (02 July 2013)

Newham Sixth Form College v Sanders (Disability Discrimination : Reasonable adjustments) [2013] UKEAT 610_12_0207 (02 July 2013)

The Tribunal failed to apply the structured legal test for reasonable adjustments, did not address statutory requirements under s.4A, and omitted findings on the Respondent's knowledge and substantial disadvantage; therefore, the judgment and remedy judgment are fatally flawed and must be set aside.

Citation
[2013] UKEAT 610_12_0207
Parties
Applicant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
02 July 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment and Remedy Judgment
Outcome
Judgment and remedy judgment set aside; case remitted to a differently constituted Employment Tribunal.
Legal Topics
Reasonable Adjustments, Disability Discrimination Act 1995, Tribunal Procedure
Employment Law Disability Discrimination Reasonable Adjustments Disability Discrimination Act 1995 Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Applicant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment and Remedy Judgment

Legal Issues

  1. 1 Did the Respondent fail to make reasonable adjustments for the Claimant's disability?
  2. 2 Did the Tribunal apply the correct legal test under s.4A Disability Discrimination Act 1995?
  3. 3 Did the Tribunal properly address the Respondent's knowledge of the Claimant's disability and substantial disadvantage?

Ratio Decidendi

The Tribunal failed to apply the structured legal test for reasonable adjustments, did not address statutory requirements under s.4A, and omitted findings on the Respondent's knowledge and substantial disadvantage; therefore, the judgment and remedy judgment are fatally flawed and must be set aside.

Court Disposition

Judgment and remedy judgment set aside; case remitted to a differently constituted Employment Tribunal.

Orders

  • Judgment of Employment Tribunal set aside.
  • Remedy judgment set aside.