Source: All England Reporter
Publisher Citation: [2006] All ER (D) 139 (Jun)
Court: Employment Appeal Tribunal
Judge:

Silber J, Mr B Gibbs and Mrs J Matthias

Representation George Thomas (instructed by Radcliffes, Le Brasseur) for the employer.
  David Reade (instructed by BP Collins, Gerrards Cross) for the employee.
Judgment Dates: 14 June 2006

Catchwords

Employment - Disability - Disability discrimination - Whether employee disabled - Whether employer failing to make reasonable adjustments - Whether employee entitled to full pay when suspended even if unfit for work.

The Case

The employment tribunal had not erred in finding that the employee was disabled and that the employer had failed to make reasonable adjustments for that disability. Nor had it erred in holding that the employee had been entitled to her normal salary rather than sick pay during the period of suspension in which she would have been unfit for work; the employer had never stated to her that her suspension pay would be revised at the material time.

Practice Areas

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