Shaw Munster Ltd v. Trentham [2000] EAT 419_99_2903 (29 March 2000)

Shaw Munster Ltd v. Trentham [2000] EAT 419_99_2903 (29 March 2000)

The employer breached its duty to make reasonable adjustments by failing to install a second handrail, resulting in substantial disadvantage and constructive dismissal. The discrimination was unlawful and compensation under the Disability Discrimination Act was appropriate.

Citation
[2000] EAT 419_99_2903
Parties
Appellant: Shaw Munster Ltd; Respondent: Kevin Trentham
Jurisdiction
United Kingdom
Judgment Date
29 March 2000
Procedural Posture
Employment Appeal / Full Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Reasonable Adjustments, Compensation, Mitigation of Loss
Employment Law Disability Discrimination Constructive Dismissal Reasonable Adjustments Compensation Mitigation of Loss

Case Brief

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Parties

Shaw Munster Ltd

Appellant

Kevin Trentham

Respondent

Procedural Posture

Employment Appeal / Full Hearing

Legal Issues

  1. 1 Whether the employer breached its duty to make reasonable adjustments under the Disability Discrimination Act 1995
  2. 2 Whether the employee was constructively dismissed
  3. 3 Whether compensation under the Disability Discrimination Act was properly awarded

Ratio Decidendi

The employer breached its duty to make reasonable adjustments by failing to install a second handrail, resulting in substantial disadvantage and constructive dismissal. The discrimination was unlawful and compensation under the Disability Discrimination Act was appropriate.

Court Disposition

appeal dismissed

Orders

  • No error of law found in Employment Tribunal's decision
  • Compensation award upheld