HM Prison Service v. Johnson [2007] UKEAT 0420_06_0608 (6 August 2007)

HM Prison Service v. Johnson [2007] UKEAT 0420_06_0608 (6 August 2007)

The Tribunal misapplied the law on reasonable adjustments by relying on disapproved precedent and failed to properly assess whether disability-related factors were the reason for the acts complained of. The reasonable adjustments claim must be remitted for the earlier period; for the later period, the claimant's condition made adjustments unreasonable, so that claim is dismissed. The findings of discrimination are overturned due to misdirection on causation.

Citation
[2007] UKEAT 0420_06_0608
Parties
Appellant: HM Prison Service; Respondent: Diane Johnson
Jurisdiction
United Kingdom
Judgment Date
06 August 2007
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Reasonable Adjustments, Less Favourable Treatment, Justification, Unfair Dismissal
Employment Law Disability Discrimination Reasonable Adjustments Less Favourable Treatment Justification Unfair Dismissal

Case Brief

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Parties

HM Prison Service

Appellant

Diane Johnson

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 employer discriminated against the claimant for reasons related to her disability
  3. 3 Whether the dismissal constituted unfair dismissal under the Employment Rights Act 1996

Ratio Decidendi

The Tribunal misapplied the law on reasonable adjustments by relying on disapproved precedent and failed to properly assess whether disability-related factors were the reason for the acts complained of. The reasonable adjustments claim must be remitted for the earlier period; for the later period, the claimant's condition made adjustments unreasonable, so that claim is dismissed. The findings of discrimination are overturned due to misdirection on causation.

Court Disposition

appeal allowed in part

Orders

  • reasonable adjustments claim remitted for earlier period
  • discrimination claims dismissed for later period