Department of Work and Pensions v Robinson (discrimination : disability) [2019] UKEAT 0021_19_2307 (23 July 2019)

Department of Work and Pensions v Robinson (discrimination : disability) [2019] UKEAT 0021_19_2307 (23 July 2019)

The tribunal erred in law by applying an impermissible 'but for' test and failing to establish a sufficient causal connection between the claimant's disability and the unfavourable treatment. The delays and grievance handling were not shown to be because of the disability's consequences. The respondent's defence of objective justification should have succeeded regarding the change of role. The tribunal's rejection of the reasonable adjustments claim was supported by evidence and not perverse.

Citation
[2019] UKEAT 0021_19_2307
Parties
Appellant/respondent: Department of Work and Pensions; Respondent/appellant (cross Appeal): Elaine Robinson
Jurisdiction
United Kingdom
Judgment Date
23 July 2019
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Decision
Outcome
appeal allowed, cross-appeal dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Section 15 Equality Act 2010, Section 20 Equality Act 2010, Burden of Proof, Objective Justification
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Section 15 Equality Act 2010 Section 20 Equality Act 2010 Burden of Proof Objective Justification

Case Brief

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Parties

Department of Work and Pensions

Appellant/respondent

Elaine Robinson

Respondent/appellant (cross Appeal)

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the employment tribunal erred in upholding the claim for discrimination arising from disability under section 15 Equality Act 2010
  2. 2 Whether the tribunal erred in rejecting the claim for failure to make reasonable adjustments under section 20 Equality Act 2010
  3. 3 Whether delays and handling of grievances constituted discrimination arising from disability

Ratio Decidendi

The tribunal erred in law by applying an impermissible 'but for' test and failing to establish a sufficient causal connection between the claimant's disability and the unfavourable treatment. The delays and grievance handling were not shown to be because of the disability's consequences. The respondent's defence of objective justification should have succeeded regarding the change of role. The tribunal's rejection of the reasonable adjustments claim was supported by evidence and not perverse.

Court Disposition

appeal allowed, cross-appeal dismissed

Orders

  • Section 15 claim dismissed; no remission to tribunal
  • Section 20 claim remains dismissed