Q v L (DISABILITY DISCRIMINATION - Reasonable adjustments) [2019] UKEAT 0209_18_2307 (23 July 2019)

Q v L (DISABILITY DISCRIMINATION - Reasonable adjustments) [2019] UKEAT 0209_18_2307 (23 July 2019)

In the absence of wider written consent to disclosure of medical information, the Employment Tribunal erred in holding the respondent was fixed from the outset with knowledge of claimant's disability disclosed to occupational health. The Tribunal failed to adequately consider whether adjustments were reasonable, balancing substantial disadvantage and respondent's needs. The claim regarding reasonable adjustments is remitted for decision to a differently constituted Tribunal. Orders restricting reporting and anonymising parties are set aside.

Citation
[2019] UKEAT 0209_18_2307
Parties
Respondent: Q; Claimant: L
Jurisdiction
United Kingdom
Judgment Date
23 July 2019
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part; Employment Tribunal's decision on reasonable adjustments and reporting orders set aside; claim remitted to new Tribunal.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Knowledge of Disability, Confidential Medical Information, Data Protection, Open Justice, Anonymity Orders
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Knowledge of Disability Confidential Medical Information Data Protection Open Justice +1 more

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Parties

Q

Respondent

L

Claimant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether respondent had actual or constructive knowledge of claimant's disabilities
  2. 2 Whether reasonable adjustments were required and made
  3. 3 Whether confidential medical information disclosed to occupational health is attributable to employer

Ratio Decidendi

In the absence of wider written consent to disclosure of medical information, the Employment Tribunal erred in holding the respondent was fixed from the outset with knowledge of claimant's disability disclosed to occupational health. The Tribunal failed to adequately consider whether adjustments were reasonable, balancing substantial disadvantage and respondent's needs. The claim regarding reasonable adjustments is remitted for decision to a differently constituted Tribunal. Orders restricting reporting and anonymising parties are set aside.

Court Disposition

Appeal allowed in part; Employment Tribunal's decision on reasonable adjustments and reporting orders set aside; claim remitted to new Tribunal.

Orders

  • Decision that respondent failed to make reasonable adjustments and breached Equality Act Section 21 is set aside.
  • Orders restricting identification and anonymising parties and witnesses under ET Rules 50 are set aside.