Osei-Adjei v RM Education Ltd (Disability Discrimination : Compensation) [2013] UKEAT 0461_12_2409 (24 September 2013)

Osei-Adjei v RM Education Ltd (Disability Discrimination : Compensation) [2013] UKEAT 0461_12_2409 (24 September 2013)

The Claimant's voluntary resignation, not caused by a fundamental breach of contract by the Respondent, broke the chain of causation for future loss of earnings. The Respondent's failure to make a reasonable adjustment (workplace assessment before PIP) constituted disability discrimination, but compensation for future loss was not warranted as the Claimant was fit to return to work and the job remained open with adjustments to be made. The award for psychiatric injury was upheld, but the Tribunal erred in not considering apportionment for other contributing causes.

Citation
[2013] UKEAT 0461_12_2409
Parties
Appellant/claimant: Mr K Osei-Adjei; Respondent: Unknown (Respondent Company)
Jurisdiction
United Kingdom
Judgment Date
24 September 2013
Procedural Posture
Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Appeal From Employment Tribunal Decision on Liability and Remedy
Outcome
Appeal dismissed; cross-appeal on quantum of psychiatric injury award dismissed.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Constructive Dismissal, Compensation, Causation, Personal Injury, Remedies
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Constructive Dismissal Compensation Causation Personal Injury +1 more

Case Brief

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Parties

Mr K Osei-Adjei

Appellant/claimant

Unknown (Respondent Company)

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Appeal From Employment Tribunal Decision on Liability and Remedy

Legal Issues

  1. 1 Whether the Respondent's failure to make a reasonable adjustment constituted disability discrimination under the Disability Discrimination Act (DDA)
  2. 2 Whether the Claimant was constructively dismissed
  3. 3 Whether the Claimant's resignation broke the chain of causation for future loss of earnings

Ratio Decidendi

The Claimant's voluntary resignation, not caused by a fundamental breach of contract by the Respondent, broke the chain of causation for future loss of earnings. The Respondent's failure to make a reasonable adjustment (workplace assessment before PIP) constituted disability discrimination, but compensation for future loss was not warranted as the Claimant was fit to return to work and the job remained open with adjustments to be made. The award for psychiatric injury was upheld, but the Tribunal erred in not considering apportionment for other contributing causes.

Court Disposition

Appeal dismissed; cross-appeal on quantum of psychiatric injury award dismissed.

Orders

  • No further compensation for future loss of earnings awarded.
  • Compensation for injury to feelings (£4,000) and psychiatric injury (£10,000 plus interest) upheld.