Noor v Foreign & Commonwealth Office (Disability Discrimination : Reasonable adjustments) [2011] UKEAT 0470_10_1402 (14 February 2011)

Noor v Foreign & Commonwealth Office (Disability Discrimination : Reasonable adjustments) [2011] UKEAT 0470_10_1402 (14 February 2011)

The Employment Judge erred in striking out the claim because it was not plain and obvious that there was no reasonable adjustment the Respondent could have made. The Judge failed to consider whether adjustments could have been made prior to or at the interview, and misapplied the statutory test by requiring the adjustment to guarantee the job outcome rather than to remove the disadvantage.

Citation
[2011] UKEAT 0470_10_1402
Parties
Appellant/claimant: Mr Sadik Noor; Respondent: Foreign and Commonwealth Office
Jurisdiction
United Kingdom
Judgment Date
14 February 2011
Procedural Posture
Employment Appeal / Appeal Against Striking Out of Claim
Outcome
Appeal allowed
Legal Topics
Reasonable Adjustments, Striking Out/dismissal, Burden of Proof, Recruitment Discrimination
Employment Law Disability Discrimination Reasonable Adjustments Striking Out/dismissal Burden of Proof Recruitment Discrimination

Case Brief

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Parties

Mr Sadik Noor

Appellant/claimant

Foreign and Commonwealth Office

Respondent

Procedural Posture

Employment Appeal / Appeal Against Striking Out of Claim

Legal Issues

  1. 1 Whether the Employment Judge erred in striking out the claim for lack of reasonable prospect of success
  2. 2 Whether the Respondent failed to make reasonable adjustments for a disabled job applicant
  3. 3 Whether the correct legal test for reasonable adjustments was applied

Ratio Decidendi

The Employment Judge erred in striking out the claim because it was not plain and obvious that there was no reasonable adjustment the Respondent could have made. The Judge failed to consider whether adjustments could have been made prior to or at the interview, and misapplied the statutory test by requiring the adjustment to guarantee the job outcome rather than to remove the disadvantage.

Court Disposition

Appeal allowed

Orders

  • Matter to proceed to case management discussion and full hearing
  • No re-hearing of the striking out application required