North Lancashire Teaching Primary Care Nhs Trust v Howorth (Disability Discrimination : Reasonable adjustments) [2014] UKEAT 0294_13_2401 (24 January 2014)

North Lancashire Teaching Primary Care Nhs Trust v Howorth (Disability Discrimination : Reasonable adjustments) [2014] UKEAT 0294_13_2401 (24 January 2014)

The Employment Tribunal erred in law by finding a breach of the duty to make reasonable adjustments without identifying any specific adjustment that would have kept the claimant in work. The duty is objective and does not require active consideration if the outcome is compliant. The dismissal was within the range of reasonable responses, and the rejection of the job application was a proportionate means of achieving a legitimate aim. The Trust was not in breach of the duty to make reasonable adjustments.

Citation
[2014] UKEAT 0294_13_2401
Parties
Respondent: North Lancashire Teaching Primary Care Trust; Claimant: Mrs L Howorth
Jurisdiction
United Kingdom
Judgment Date
24 January 2014
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal by Trust allowed; appeal by claimant dismissed.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Unfair Dismissal, Equality Act 2010, Disability Discrimination Act 1995, Human Rights Act 1998
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Equality Act 2010 Disability Discrimination Act 1995 Human Rights Act 1998

Case Brief

Summary, issues, holding and outcome

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Parties

North Lancashire Teaching Primary Care Trust

Respondent

Mrs L Howorth

Claimant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the employer failed in its duty to make reasonable adjustments under the Disability Discrimination Act 1995 and Equality Act 2010
  2. 2 Whether the dismissal of the claimant was unfair under section 98 of the Employment Rights Act 1996
  3. 3 Whether the rejection of the claimant's job application constituted discrimination arising from disability

Ratio Decidendi

The Employment Tribunal erred in law by finding a breach of the duty to make reasonable adjustments without identifying any specific adjustment that would have kept the claimant in work. The duty is objective and does not require active consideration if the outcome is compliant. The dismissal was within the range of reasonable responses, and the rejection of the job application was a proportionate means of achieving a legitimate aim. The Trust was not in breach of the duty to make reasonable adjustments.

Court Disposition

Appeal by Trust allowed; appeal by claimant dismissed.

Orders

  • The Trust was found not in breach of the duty to make reasonable adjustments.
  • No necessity to refer the case back to the Employment Tribunal.