Lamb v The Garrard Academy (Reasonable Adjustments) [2018] UKEAT 0042_18_1411 (14 November 2018)

Lamb v The Garrard Academy (Reasonable Adjustments) [2018] UKEAT 0042_18_1411 (14 November 2018)

The Respondent had constructive knowledge of the Claimant's disability by July 2012 and actual knowledge by 18 July 2012; the duty to make reasonable adjustments arose at that time; the Respondent failed to make reasonable adjustments by not acting promptly on the Haylett report and not completing the grievance investigation before the end of the summer term; the Employment Tribunal's contrary findings were erroneous and are set aside.

Citation
[2018] UKEAT 0042_18_1411
Parties
Claimant/appellant: Ms Joanne Lamb; Respondent: Respondent (former employer)
Jurisdiction
United Kingdom
Judgment Date
14 November 2018
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal Judgment With Substituted Findings; Remitted for Remedy Hearing
Outcome
Appeal allowed; substituted findings made; matter remitted for remedy hearing.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Knowledge of Disability, Equality Act 2010, Employment Tribunal Procedure
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Knowledge of Disability Equality Act 2010 Employment Tribunal Procedure

Case Brief

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Parties

Ms Joanne Lamb

Claimant/appellant

Respondent (former employer)

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal Judgment With Substituted Findings; Remitted for Remedy Hearing

Legal Issues

  1. 1 Whether the Respondent had actual or constructive knowledge of the Claimant's disability prior to November 2012
  2. 2 Whether the duty to make reasonable adjustments arose before November 2012
  3. 3 Whether the adjustments contended for by the Claimant were reasonable

Ratio Decidendi

The Respondent had constructive knowledge of the Claimant's disability by July 2012 and actual knowledge by 18 July 2012; the duty to make reasonable adjustments arose at that time; the Respondent failed to make reasonable adjustments by not acting promptly on the Haylett report and not completing the grievance investigation before the end of the summer term; the Employment Tribunal's contrary findings were erroneous and are set aside.

Court Disposition

Appeal allowed; substituted findings made; matter remitted for remedy hearing.

Orders

  • Employment Tribunal's findings on knowledge and reasonable adjustments set aside.
  • Substituted findings: Respondent had constructive knowledge by July 2012 and actual knowledge by 18 July 2012; duty to make reasonable adjustments arose; failure to make reasonable adjustments established.