Tanya Jones was instructed by Rebecca Tucker of TLT LLP to act for the Respondent in respect of claims made against them by the Claimant. The claims were for unfair dismissal under section 94 of the Employment Rights Act 1996, discrimination arising from disability in breach of section 15 of the Equality Act 2010, and failure to provide reasonable adjustments in breach of section 20/21 of the Equality Act 2010.
Tanya successfully argued that the Respondent’s decision to dismiss the Claimant on the basis of culpability was fair, and there was no duty for them to wait any longer before making that decision. There was a small window of opportunity for the Respondent to provide reasonable adjustments to the Claimant, however an issue of jurisdiction was raised on the basis the Respondent did not have knowledge of the disability during that window. The reasonable adjustments sought after this window, were not suitable for the Claimant and would not have assisted with his return to work. Lastly, whilst the PCP applied to the Claimant was discriminative in nature, the Respondent relied on the act being a proportionate means of achieving a legitimate aim.
Employment Judge Volkmer dismissed all claims brought by the Claimant.
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