Revenue & Customs v Whiteley (Disability Discrimination : Reasonable adjustments) [2013] UKEAT 0581_12_1005 (10 May 2013)
The Employment Tribunal misunderstood and misapplied the expert medical evidence regarding the typical absences of an asthma sufferer, leading to an unsustainable conclusion on reasonable adjustments. The case must be remitted for rehearing by a freshly constituted Tribunal.
- Citation
- [2013] UKEAT 0581_12_1005
- Parties
- Appellant: HMRC; Respondent: Mrs Whiteley
- Jurisdiction
- United Kingdom
- Judgment Date
- 10 May 2013
- Procedural Posture
- Employment Appeal / Appeal Judgment; Remittal Ordered
- Outcome
- Appeal allowed; case remitted for rehearing by a freshly constituted Tribunal.
- Legal Topics
- Disability Discrimination, Reasonable Adjustments, Absence Policy, Equality Act 2010
Case Brief
Summary, issues, holding and outcome
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Parties
HMRC
Appellant
Mrs Whiteley
Respondent
Procedural Posture
Employment Appeal / Appeal Judgment; Remittal Ordered
Legal Issues
- 1 Whether the employer failed to make reasonable adjustments for an employee with asthma under s.20 Equality Act 2010
- 2 Whether the Employment Tribunal misunderstood and misapplied expert medical evidence
Ratio Decidendi
The Employment Tribunal misunderstood and misapplied the expert medical evidence regarding the typical absences of an asthma sufferer, leading to an unsustainable conclusion on reasonable adjustments. The case must be remitted for rehearing by a freshly constituted Tribunal.
Court Disposition
Appeal allowed; case remitted for rehearing by a freshly constituted Tribunal.
Orders
- Case remitted to a freshly constituted Employment Tribunal for rehearing.
Full Case Text
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