Khan v Royal Mail Group Plc [2007] UKEAT 0480_06_0512 (5 December 2007)

Khan v Royal Mail Group Plc [2007] UKEAT 0480_06_0512 (5 December 2007)

The employer did not fail to make reasonable adjustments as required by the Disability Discrimination Act 1995, as reasonable steps were taken to accommodate the appellant's disability, including offering alternative roles and complying with sick pay procedures. The appellant's refusal of reasonable offers and lack of suitable vacancies meant no further adjustments were required. The error in the Tribunal's approach to sick pay was not material to the outcome.

Citation
[2007] UKEAT 0480_06_0512
Parties
Appellant: Mr Khan; Respondent: Royal Mail
Jurisdiction
United Kingdom
Judgment Date
05 December 2007
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Reasonable Adjustments, Unfair Dismissal, Disability Discrimination, Justification of Treatment, Duty to Make Reasonable Adjustments
Employment Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Justification of Treatment Duty to Make Reasonable Adjustments

Case Brief

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Parties

Mr Khan

Appellant

Royal Mail

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the employer failed to make reasonable adjustments for a disabled employee under the Disability Discrimination Act 1995
  2. 2 Whether the employer's actions constituted disability discrimination
  3. 3 Whether the employer was required to pay higher sick pay as a reasonable adjustment

Ratio Decidendi

The employer did not fail to make reasonable adjustments as required by the Disability Discrimination Act 1995, as reasonable steps were taken to accommodate the appellant's disability, including offering alternative roles and complying with sick pay procedures. The appellant's refusal of reasonable offers and lack of suitable vacancies meant no further adjustments were required. The error in the Tribunal's approach to sick pay was not material to the outcome.

Court Disposition

Appeal dismissed