Chawla v Hewlett Packard Ltd (Disability Discrimination: Reasonable adjustments) [2015] UKEAT 427_13_2502 (25 February 2015)

Chawla v Hewlett Packard Ltd (Disability Discrimination: Reasonable adjustments) [2015] UKEAT 427_13_2502 (25 February 2015)

The respondent failed to make reasonable adjustments by not ensuring timely communication of employment developments to the disabled appellant, causing disadvantage and loss. However, the Employment Tribunal did not err in its findings regarding harassment, the TUPE breach, or in most compensation awards, except for failing to give reasons for not awarding injury to feelings for the Arcsight ESPP communication failure and for not including the hospitalisation period in the personal injury award. The appeal on liability fails; the appeal on remedy succeeds in part, requiring reconsideration of compensation for injury to feelings and personal injury.

Citation
[2015] UKEAT 427_13_2502
Parties
Appellant: Mr P Chawla; Respondent: Hewlett Packard Ltd
Jurisdiction
United Kingdom
Judgment Date
25 February 2015
Procedural Posture
Employment Appeal Tribunal Disability Discrimination / Appeal From Employment Tribunal (liability and Remedy Judgments)
Outcome
Appeal on liability dismissed; appeal on remedy allowed in part
Legal Topics
Disability Discrimination, Reasonable Adjustments, Harassment, Compensation, TUPE, Injury to Feelings
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Harassment Compensation TUPE Injury to Feelings

Case Brief

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Parties

Mr P Chawla

Appellant

Hewlett Packard Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal Disability Discrimination / Appeal From Employment Tribunal (liability and Remedy Judgments)

Legal Issues

  1. 1 Whether the respondent failed to make reasonable adjustments for a disabled employee by withdrawing access to email/intranet and failing to communicate developments
  2. 2 Whether the respondent's actions constituted harassment under the Equality Act 2010
  3. 3 Whether the Employment Tribunal erred in not awarding or explaining awards for injury to feelings

Ratio Decidendi

The respondent failed to make reasonable adjustments by not ensuring timely communication of employment developments to the disabled appellant, causing disadvantage and loss. However, the Employment Tribunal did not err in its findings regarding harassment, the TUPE breach, or in most compensation awards, except for failing to give reasons for not awarding injury to feelings for the Arcsight ESPP communication failure and for not including the hospitalisation period in the personal injury award. The appeal on liability fails; the appeal on remedy succeeds in part, requiring reconsideration of compensation for injury to feelings and personal injury.

Court Disposition

Appeal on liability dismissed; appeal on remedy allowed in part

Orders

  • Remedy judgment set aside in part for reconsideration of (1) injury to feelings award for failure to communicate about Arcsight ESPP and (2) inclusion of hospitalisation period in personal injury award.