Romec Ltd v. Rudham [2007] UKEAT 0069_07_1307 (13 July 2007)

Romec Ltd v. Rudham [2007] UKEAT 0069_07_1307 (13 July 2007)

The Tribunal misdirected itself in law by failing to consider whether extending the rehabilitation programme would enable the Claimant to return to full duties, which is necessary to determine if it was a reasonable adjustment; appeal allowed and case remitted for reconsideration.

Citation
[2007] UKEAT 0069_07_1307
Parties
Claimant: Mr Rudham; Respondent: Romec Limited
Jurisdiction
United Kingdom
Judgment Date
13 July 2007
Procedural Posture
Employment Appeal / Appeal Against Reserved Judgment of Employment Tribunal
Outcome
Appeal allowed; case remitted to same Employment Tribunal for reconsideration.
Legal Topics
Reasonable Adjustments, Unfair Dismissal, Appellate Jurisdiction, Practice and Procedure
Employment Law Disability Discrimination Reasonable Adjustments Unfair Dismissal Appellate Jurisdiction Practice and Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Rudham

Claimant

Romec Limited

Respondent

Procedural Posture

Employment Appeal / Appeal Against Reserved Judgment of Employment Tribunal

Legal Issues

  1. 1 Whether the employer failed in its duty to make reasonable adjustments under the Disability Discrimination Act 1995
  2. 2 Whether the dismissal was unfair under the Employment Rights Act 1996

Ratio Decidendi

The Tribunal misdirected itself in law by failing to consider whether extending the rehabilitation programme would enable the Claimant to return to full duties, which is necessary to determine if it was a reasonable adjustment; appeal allowed and case remitted for reconsideration.

Court Disposition

Appeal allowed; case remitted to same Employment Tribunal for reconsideration.

Orders

  • Employment Tribunal to reconsider whether failure to extend rehabilitation programme was a failure to make reasonable adjustment.
  • If so, findings of disability discrimination and unfair dismissal will stand.