|
Subject |
Case |
Main
issues |
|
Reasonable adjustment - new job
|
Southampton City College
v Randall
[2006]
IRLR 18, EAT |
Disability discrimination – reasonable adjustment may include
creating a new job for the claimant. To make reasonable
adjustments an employer is under a duty to make a proper
assessment of what needs to be done. |
|
Reasonable adjustment- consultation |
Rothwell v Pelikan Hardcopy Scotland Ltd
[2006] IRLR 24,EAT) |
Disability discrimination – reasonable adjustment includes
consulting with the employee about his continued employment
before dismissing him. Since the employee was not being paid the
delay caused by consulting him was not a reasonable excuse for
failure to consult. Dismissal in a Disability discrimination
case can never be justified if there are reasonable adjustments
which have not been ,made. |
|
meaning of "justification"
|
Smith v Churchills
Stairlifts plc
[2006]
IRLR 41, [2005] EWCA Civ 1220, CA
|
Disability discrimination – meaning of “arrangement” –
“justification” in relation to reasonable adjustments and in
relation to whether or not prima facie discrim-ination is
justified. |
|
Failure to make reasonable adjustments in DDA
case is con-structive dismissal. |
Greenhof v Barnsley Council
[2006] IRLR
98, EAT, Judge Serota QC |
Failure to make reasonable adjustments will
almost certainly amount to a breach of mutual trust and
confidence. |
|
Meaning of disability |
Millar v IR Commiss-ioners
[2005] CSIH 71, [2006] IRLR 112, CS (Lord Penrose, Lord Kingarth
and Lord Drummond Young) |
There is no need for any "illness" to be
present for the claimant to be disabled |
