Johnson & Johnson Medical Ltd v. Filmer [2001] UKEAT 1087_00_1203 (12 March 2001)

Johnson & Johnson Medical Ltd v. Filmer [2001] UKEAT 1087_00_1203 (12 March 2001)

The employer failed to make reasonable adjustments by not hearing the harassment complaint concurrently with disciplinary proceedings and by not considering alternative responses to the alleged threat, resulting in unlawful discrimination under the Disability Discrimination Act.

Citation
[2001] UKEAT 1087_00_1203
Parties
Applicant: Miss Filmer; Respondent: Johnson & Johnson
Jurisdiction
United Kingdom
Judgment Date
12 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Disability Discrimination, Reasonable Adjustments, Disciplinary Procedures, Harassment Complaints
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Disciplinary Procedures Harassment Complaints

Case Brief

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Parties

Miss Filmer

Applicant

Johnson & Johnson

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the employer failed to make reasonable adjustments under the Disability Discrimination Act
  2. 2 Whether the employer unlawfully discriminated against the applicant under Section 5(1) and 5(2) of the Disability Discrimination Act

Ratio Decidendi

The employer failed to make reasonable adjustments by not hearing the harassment complaint concurrently with disciplinary proceedings and by not considering alternative responses to the alleged threat, resulting in unlawful discrimination under the Disability Discrimination Act.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • Appeal to go forward to a full hearing