Dominique v Toll Global Forwarding Ltd (Disability Discrimination : Disability) [2014] UKEAT 0308_13_0705 (07 May 2014)

Dominique v Toll Global Forwarding Ltd (Disability Discrimination : Disability) [2014] UKEAT 0308_13_0705 (07 May 2014)

The Tribunal erred in law by limiting the reasonable adjustments duty to avoiding dismissal, failing to consider detriment short of dismissal (such as disadvantage and hurt feelings) when assessing justification for indirect and disability-related discrimination. The case is remitted for consideration of justification on this narrower basis.

Citation
[2014] UKEAT 0308_13_0705
Parties
Appellant/claimant: Mr Dominique; Respondent: Toll Global Forwarding Ltd
Jurisdiction
United Kingdom
Judgment Date
07 May 2014
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Partially allowed; remitted to Tribunal on limited point
Legal Topics
Disability Discrimination, Redundancy, Reasonable Adjustments, Direct Discrimination, Indirect Discrimination, Justification
Employment Law Equality Law Disability Discrimination Redundancy Reasonable Adjustments Direct Discrimination Indirect Discrimination Justification

Case Brief

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Parties

Mr Dominique

Appellant/claimant

Toll Global Forwarding Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in finding no direct disability discrimination
  2. 2 Whether there was a failure to make reasonable adjustments
  3. 3 Whether the Tribunal properly addressed justification for indirect and disability-related discrimination

Ratio Decidendi

The Tribunal erred in law by limiting the reasonable adjustments duty to avoiding dismissal, failing to consider detriment short of dismissal (such as disadvantage and hurt feelings) when assessing justification for indirect and disability-related discrimination. The case is remitted for consideration of justification on this narrower basis.

Court Disposition

Partially allowed; remitted to Tribunal on limited point

Orders

  • Case remitted to the same Employment Tribunal to consider justification of indirect and disability-related discrimination on the basis of failure to make reasonable adjustments in relation to detriment short of dismissal.
  • Tribunal to consider any compensatory award if appropriate.