In this case, the employment tribunal found that British Airways plc's (BA's) failure to transfer one of its cabin crew, whose disability meant he could no longer undertake long-haul flying duties, to short-haul flights within a reasonable timescale amounted to a failure to make reasonable adjustments.
This is a rare example, along with Stone v Ramsay Health Care UK Operations Ltd ET/1400762/11, of an employment tribunal making wide-ranging recommendations to an employer, in this case asking it to provide equal opportunities training for sections of its HR function and senior management.
This case is a useful early example, along with McGraw v London Ambulance Service NHS Trust ET/3301865/11, of how employment tribunals are approaching the new concept of "discrimination arising from disability" under the Equality Act 2010. This claimant succeeded in showing that his employer's requirement that he move to a new contract was unfavourable treatment that arose in consequence of his disability and the employer's actions were not justified.
Chris McAvoy, Sarah Wade, David Rintoul, Helen Corbett and Kristin Aarvik are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
The employer in this case was found to have discriminated against a disabled worker whom it dismissed after it was revealed that she is disabled. However, the tribunal reduced the compensation to zero because the employee's uncooperative behaviour was designed to prompt her dismissal so that she could bring a tribunal claim.
The Employment Appeal Tribunal has held that the Foreign and Commonwealth Office did not discriminate against a deaf diplomat when it withdrew an offer of an assignment in Kazakhstan after an assessment showed that the cost of providing lipspeakers would have been prohibitive.
The Employment Appeal Tribunal has confirmed that a proposed adjustment will constitute a "reasonable adjustment" within the meaning of the Disability Discrimination Act 1995 only where it prevents the provision, criterion or practice that places the disabled person at a substantial disadvantage.
Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.