E A Gibson Shipbrokers Ltd v Staples [2008] UKEAT 0178_08_1710 (17 October 2008)

E A Gibson Shipbrokers Ltd v Staples [2008] UKEAT 0178_08_1710 (17 October 2008)

The Tribunal was entitled to conclude that a combination of reasonable adjustments could have enabled Mr Staples to return to work and that Gibsons failed in its duty under s4A of the Disability Discrimination Act 1995. The Tribunal's approach to the identification and assessment of adjustments, the burden of proof, and the cumulative effect of adjustments was correct in law. The appeal is dismissed.

Citation
[2008] UKEAT 0178_08_1710
Parties
Appellant: Gibsons; Respondent: Mr Staples
Jurisdiction
United Kingdom
Judgment Date
17 October 2008
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Reasonable Adjustments, Unfair Dismissal, Burden of Proof, Disability Discrimination Act 1995, Sick Pay Entitlement
Employment Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Burden of Proof Disability Discrimination Act 1995 Sick Pay Entitlement

Case Brief

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Parties

Gibsons

Appellant

Mr Staples

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the employer failed to make reasonable adjustments under the Disability Discrimination Act 1995
  2. 2 Whether the Tribunal erred in its approach to the duty to make reasonable adjustments
  3. 3 Whether the Tribunal failed to make adequate findings on the adjustments required

Ratio Decidendi

The Tribunal was entitled to conclude that a combination of reasonable adjustments could have enabled Mr Staples to return to work and that Gibsons failed in its duty under s4A of the Disability Discrimination Act 1995. The Tribunal's approach to the identification and assessment of adjustments, the burden of proof, and the cumulative effect of adjustments was correct in law. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Tribunal's decision upheld; sick pay issue to be determined at a future remedies hearing.