Conway v Community Options Ltd (Disability Discrimination : Reasonable adjustments) [2012] UKEAT 0034_12_0607 (6 July 2012)

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

  1. 1 Whether the Employment Judge erred in law by striking out claims of unfair dismissal and failure to make reasonable adjustments
  2. 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