Nottingham City Transport Ltd v Harvey (Disability Discrimination: Reasonable adjustments) [2012] UKEAT 0032_12_0510 (5 October 2012)

Nottingham City Transport Ltd v Harvey (Disability Discrimination: Reasonable adjustments) [2012] UKEAT 0032_12_0510 (5 October 2012)

The Employment Tribunal erred in law by treating a one-off flawed disciplinary process as a provision, criterion or practice under the Disability Discrimination Act 1995. There was no evidence of a general practice disadvantaging disabled employees. The appeal is allowed and the matter remitted for proper consideration of possible PCPs and reasonable adjustments.

Citation
[2012] UKEAT 0032_12_0510
Parties
Claimant: Mr Harvey; Respondent: Respondent Employer
Jurisdiction
United Kingdom
Judgment Date
05 October 2012
Procedural Posture
Employment Appeal / Appeal Judgment and Remission
Outcome
Appeal allowed; matter remitted to the same Tribunal for reconsideration.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Unfair Dismissal
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Unfair Dismissal

Case Brief

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Parties

Mr Harvey

Claimant

Respondent Employer

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment and Remission

Legal Issues

  1. 1 Whether the employer failed to make reasonable adjustments under Disability Discrimination Act 1995
  2. 2 Whether the application of the disciplinary process constituted a provision, criterion or practice (PCP)
  3. 3 Whether the dismissal was unfair due to lack of reasonable investigation and consideration of mitigating circumstances

Ratio Decidendi

The Employment Tribunal erred in law by treating a one-off flawed disciplinary process as a provision, criterion or practice under the Disability Discrimination Act 1995. There was no evidence of a general practice disadvantaging disabled employees. The appeal is allowed and the matter remitted for proper consideration of possible PCPs and reasonable adjustments.

Court Disposition

Appeal allowed; matter remitted to the same Tribunal for reconsideration.

Orders

  • Remission to the same Tribunal to consider whether identified matters constitute PCPs and if reasonable adjustments were required.
  • Recommendation for conciliation between parties.