Source: All England Reporter
Publisher Citation: [2014] All ER (D) 148 (Mar)
Court: Employment Appeal Tribunal

Judge David Richardson, Mr A Harris and Mrs M McArthur

Representation Adrian Lynch and Richard Stubbs (instructed by Ward Hadaway Solicitors, Newcastle upon Tyne) for the employee.
  Naomi Ellenbogen and Eleena Misra (instructed by The Associate Law Firm) for the employer.
Judgment Dates: 29 January 2014


Discrimination - Disability discrimination - Reasonable adjustments - Sufficiency of reasons - Victimisation Discrimination - Employee being disabled and bringing claim against employment before employment tribunal for discrimination due to protected disclosure - Tribunal upholding claim - Employer appealing - Whether tribunal erring - Whether tribunal failing to give sufficient reasons.

The Case

Discrimination Disability discrimination. The Employment Appeal Tribunal allowed an employer's appeal against the employment tribunal's finding of disability discrimination in relation to an employee where the tribunal's reasoning on the question of the employer's actual and constructive knowledge of the employee's disability and on its breach of duty to make reasonable adjustments had been insufficient.

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