Old Buckenham Park (Brettenham) Educational Trust Limited (t/a Old Buckenham Hall (OBH)) v Parker [2009] UKEAT 0110_09_0307 (3 July 2009)

Old Buckenham Park (Brettenham) Educational Trust Limited (t/a Old Buckenham Hall (OBH)) v Parker [2009] UKEAT 0110_09_0307 (3 July 2009)

The claimant was constructively unfairly dismissed as she was effectively removed from her role as Head of Art, a position she held in practice. The respondent failed to make reasonable adjustments for her disability by insisting on a full-time Head of Art and not providing additional support. The requirement for a full-time Head of Art constituted less favourable treatment of the claimant as a part-time worker, and the respondent's justification was not accepted.

Citation
[2009] UKEAT 0110_09_0307
Parties
Claimant: Ms Parker; Respondent: [School]
Jurisdiction
United Kingdom
Judgment Date
03 July 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed; Employment Tribunal decision upheld.
Legal Topics
Constructive Unfair Dismissal, Disability Discrimination, Reasonable Adjustments, Part Time Worker Discrimination
Employment Law Discrimination Law Constructive Unfair Dismissal Disability Discrimination Reasonable Adjustments Part Time Worker Discrimination

Case Brief

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Parties

Ms Parker

Claimant

[School]

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the claimant was constructively unfairly dismissed
  2. 2 Whether the respondent failed to make reasonable adjustments for disability
  3. 3 Whether the respondent discriminated against the claimant as a part-time worker

Ratio Decidendi

The claimant was constructively unfairly dismissed as she was effectively removed from her role as Head of Art, a position she held in practice. The respondent failed to make reasonable adjustments for her disability by insisting on a full-time Head of Art and not providing additional support. The requirement for a full-time Head of Art constituted less favourable treatment of the claimant as a part-time worker, and the respondent's justification was not accepted.

Court Disposition

Appeal dismissed; Employment Tribunal decision upheld.

Orders

  • Finding of constructive unfair dismissal upheld.
  • Finding of disability discrimination (failure to make reasonable adjustments) upheld.