E A Gibson Shipbrokers Ltd v Staples [2007] UKEAT 0263_07_1809 (18 September 2007)

E A Gibson Shipbrokers Ltd v Staples [2007] UKEAT 0263_07_1809 (18 September 2007)

The Employment Tribunal failed to adequately explain its reasoning for finding a breach of duty to make reasonable adjustments and for awarding sick pay as a reasonable adjustment; the appeal is allowed and the issues are remitted for reconsideration.

Source-derived case information.

Citation
[2007] UKEAT 0263_07_1809
Parties
Appellant: E A Gibson Shipbrokers Ltd; Respondent: John Staples
Jurisdiction
United Kingdom
Judgment Date
18 September 2007
Procedural Posture
Employment Appeal Tribunal / Appeal Against Part of Reserved Judgment
Outcome
Appeal allowed
Legal Topics
Reasonable Adjustments, Disability Related Discrimination, Dismissal, Sick Pay, Adequacy of Reasons
Employment Law Disability Discrimination Reasonable Adjustments Disability Related Discrimination Dismissal Sick Pay Adequacy of Reasons

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Summary, issues, holding and outcome

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Parties

E A Gibson Shipbrokers Ltd

Appellant

John Staples

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Part of Reserved Judgment

Legal Issues

  1. 1 Whether the employer failed to make reasonable adjustments under the Disability Discrimination Act 1995
  2. 2 Whether the employer subjected the claimant to disability-related discrimination
  3. 3 Adequacy of Employment Tribunal's reasons for finding breach of duty

Ratio Decidendi

The Employment Tribunal failed to adequately explain its reasoning for finding a breach of duty to make reasonable adjustments and for awarding sick pay as a reasonable adjustment; the appeal is allowed and the issues are remitted for reconsideration.

Court Disposition

Appeal allowed

Orders

  • Issue of reasonable adjustments remitted to same Employment Tribunal for reconsideration and clarification
  • No further evidence required; matter to be dealt with by written/oral submissions