Croft Vets Ltd & Ors v Butcher (Disability Discrimination : Disability related discrimination) [2013] UKEAT 0430_12_0210 (2 October 2013)

Croft Vets Ltd & Ors v Butcher (Disability Discrimination : Disability related discrimination) [2013] UKEAT 0430_12_0210 (2 October 2013)

The employer failed to make reasonable adjustments by not implementing the psychiatrist's recommendations for private psychiatric support and counselling, which were necessary to enable the employee's return to work and mitigate the disadvantage caused by her disability. This failure constituted a repudiatory breach of contract, amounting to constructive dismissal. The duty to make reasonable adjustments can include funding specific job-related support, not general medical treatment. The employee was entitled to notice pay as the employer failed to give statutory notice upon constructive dismissal.

Citation
[2013] UKEAT 0430_12_0210
Parties
Appellants: Croft Vets Limited, Ms Judith Joyce, Mr Malcolm Ness; Respondent: Mrs Butcher
Jurisdiction
United Kingdom
Judgment Date
02 October 2013
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal on liability dismissed except for the finding of discriminatory dismissal, which is set aside; appeal on remedies dismissed.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Constructive Dismissal, Wrongful Dismissal, Remedies
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Constructive Dismissal Wrongful Dismissal Remedies

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Parties

Croft Vets Limited, Ms Judith Joyce, Mr Malcolm Ness

Appellants

Mrs Butcher

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the employer failed to make reasonable adjustments for a disabled employee under the Disability Discrimination Act 1995 and Equality Act 2010
  2. 2 Whether the employer's failure constituted constructive dismissal
  3. 3 Whether the employer's actions amounted to discrimination arising from disability

Ratio Decidendi

The employer failed to make reasonable adjustments by not implementing the psychiatrist's recommendations for private psychiatric support and counselling, which were necessary to enable the employee's return to work and mitigate the disadvantage caused by her disability. This failure constituted a repudiatory breach of contract, amounting to constructive dismissal. The duty to make reasonable adjustments can include funding specific job-related support, not general medical treatment. The employee was entitled to notice pay as the employer failed to give statutory notice upon constructive dismissal.

Court Disposition

Appeal on liability dismissed except for the finding of discriminatory dismissal, which is set aside; appeal on remedies dismissed.

Orders

  • Finding that dismissal was an act of discrimination arising from disability is set aside.
  • All other findings and compensation awards of the Employment Tribunal are upheld.