Cosgrove v Messrs Caesar & Howie [2001] UKEAT 1432_00_1705 (17 May 2001)

The Employment Tribunal erred in law by applying the wrong comparator for less favourable treatment and by treating the absence of adjustment suggestions from the applicant and her doctor as decisive, when the employer had not considered possible adjustments. These errors led to a failure to properly assess disability discrimination under the Act.

Citation: [2001] UKEAT 1432_00_1705
Parties: Appellant: Ms Veronica Cosgrove; Respondent: Caesar & Howie
Jurisdiction: United Kingdom
Judgment Date: 17 May 2001
Procedural Posture: Employment Appeal / Appeal From Employment Tribunal
Outcome: Appeal allowed in part
Legal Topics: Disability Discrimination, Unfair Dismissal, Reasonable Adjustments, Comparators in Discrimination

Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Reasonable Adjustments Comparators in Discrimination

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Parties

Ms Veronica Cosgrove

Appellant

Caesar & Howie

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

1 Whether the Employment Tribunal applied the correct comparator under the Disability Discrimination Act 1995
2 Whether the employer fulfilled its duty to consider reasonable adjustments under section 6 of the Act
3 Whether the dismissal constituted disability discrimination

Ratio Decidendi

Court Disposition

Appeal allowed in part

Orders

Employment Tribunal's decision set aside
Determination that Ms Cosgrove was discriminated against in contravention of the Disability Discrimination Act 1995