Rakova v London North West Healthcare NHS Trust (DISABILITY DISCRIMINATION - Reasonable adjustments) [2019] UKEAT 0043_19_1710 (17 October 2019)

Rakova v London North West Healthcare NHS Trust (DISABILITY DISCRIMINATION - Reasonable adjustments) [2019] UKEAT 0043_19_1710 (17 October 2019)

The Employment Tribunal erred in law by mischaracterising the PCP as specific to the Claimant rather than a general requirement, and by failing to properly assess whether the disadvantages suffered by the Claimant (including reduced efficiency) were substantial within the meaning of the Equality Act 2010. The Tribunal also failed to identify the nature and extent of the disadvantage, rendering it unable to properly assess the reasonableness of the adjustments sought. The appeal is allowed and the matters are remitted for reconsideration.

Citation
[2019] UKEAT 0043_19_1710
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
17 October 2019
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Reasonable Adjustments, Provision, Criterion or Practice (pcp), Substantial Disadvantage, Equality Act 2010, Disability Discrimination in Employment
Employment Law Disability Discrimination Reasonable Adjustments Provision, Criterion or Practice (pcp) Substantial Disadvantage Equality Act 2010 Disability Discrimination in Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to identifying a PCP (provision, criterion or practice)
  2. 2 Whether the Employment Tribunal erred in its approach to determining substantial disadvantage under the Equality Act 2010
  3. 3 Whether the Employment Tribunal failed to properly assess the reasonableness of adjustments relating to software, software updates, and Wi-Fi access

Ratio Decidendi

The Employment Tribunal erred in law by mischaracterising the PCP as specific to the Claimant rather than a general requirement, and by failing to properly assess whether the disadvantages suffered by the Claimant (including reduced efficiency) were substantial within the meaning of the Equality Act 2010. The Tribunal also failed to identify the nature and extent of the disadvantage, rendering it unable to properly assess the reasonableness of the adjustments sought. The appeal is allowed and the matters are remitted for reconsideration.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the Watford Employment Tribunal for reconsideration of the three complaints regarding reasonable adjustments.
  • Regional Employment Judge to determine the composition of the panel for the remitted hearing.