Conway v Community Options Ltd (Disability Discrimination : Reasonable adjustments) [2012] UKEAT 0034_12_0607 (6 July 2012)
On undisputed medical evidence, no reasonable adjustments could be made to facilitate Claimant's return to work; dismissal after 15 months absence was reasonable. Employment Judge was entitled to strike out claims as they had no reasonable prospect of success.
- Citation
- [2012] UKEAT 0034_12_0607
- Parties
- Claimant: Mr Conway; Respondent: Community Options Ltd; Respondent: Mrs Chris Mansi
- Jurisdiction
- United Kingdom
- Judgment Date
- 06 July 2012
- Procedural Posture
- Employment Appeal / Appeal Against Pre Hearing Review Strike Out
- Outcome
- Appeal dismissed
- Legal Topics
- Reasonable Adjustments, Unfair Dismissal, Striking Out/dismissal
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Conway
Claimant
Community Options Ltd
Respondent
Mrs Chris Mansi
Respondent
Procedural Posture
Employment Appeal / Appeal Against Pre Hearing Review Strike Out
Legal Issues
- 1 Whether the Employment Judge erred in law by striking out claims of unfair dismissal and failure to make reasonable adjustments
- 2 Whether there was a reasonable prospect of success for the claims
Ratio Decidendi
On undisputed medical evidence, no reasonable adjustments could be made to facilitate Claimant's return to work; dismissal after 15 months absence was reasonable. Employment Judge was entitled to strike out claims as they had no reasonable prospect of success.
Court Disposition
Appeal dismissed
Orders
- All claims struck out
- No error of law found in Employment Judge's decision
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