Preston v E.ON Energy Solutions Ltd (Re Disability Discrimination - sections 6, 15, 20 and 21 and schedule 8 Equality Act 2010 - date of knowledge of disability and substantial disadvantage - reasonable adjustments - reason for dismissal - justification) [2022] EAT 192 (06 January 2023)

Preston v E.ON Energy Solutions Ltd (Re Disability Discrimination - sections 6, 15, 20 and 21 and schedule 8 Equality Act 2010 - date of knowledge of disability and substantial disadvantage - reasonable adjustments - reason for dismissal - justification) [2022] EAT 192 (06 January 2023)

The Employment Tribunal permissibly concluded that the respondent did not know and could not reasonably have been expected to know of the substantial disadvantage suffered by the claimant before 18 October 2017; all reasonable adjustments were put in place thereafter; the claimant's dismissal was for refusal to engage with return to work measures and was a proportionate means of achieving the respondent's legitimate aim of efficient absence management.

Citation
[2022] EAT 192
Parties
Appellant: Mr K Preston; Respondent: E. ON Energy Solutions Limited
Jurisdiction
United Kingdom
Judgment Date
06 January 2023
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Dismissal, Proportionality, Knowledge of Disability
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Dismissal Proportionality Knowledge of Disability

Case Brief

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Parties

Mr K Preston

Appellant

E. ON Energy Solutions Limited

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to knowledge of disability and substantial disadvantage under the Equality Act 2010
  2. 2 Whether the duty to make reasonable adjustments arose and was breached
  3. 3 Whether the dismissal was because of disability and if so, whether it was justified

Ratio Decidendi

The Employment Tribunal permissibly concluded that the respondent did not know and could not reasonably have been expected to know of the substantial disadvantage suffered by the claimant before 18 October 2017; all reasonable adjustments were put in place thereafter; the claimant's dismissal was for refusal to engage with return to work measures and was a proportionate means of achieving the respondent's legitimate aim of efficient absence management.

Court Disposition

Appeal dismissed