Employment Cases Update

Kouchalieva v London Borough of Tower Hamlets UKEAT/0188/18/JOJ

Date published: 15/04/2019

Appeal against the ET’s decision rejecting the Claimant’s complaints of unfair dismissal and disability discrimination. Appeal dismissed.

The Claimant worked for the Respondent on a school transport service for children with physical or learning difficulties. During her employment, she developed physical impairments to her health (particularly affecting her hands and neck), and the problems worsened considerably with the passage of time. The Respondent made numerous changes to assist the Claimant with her disability but, when it moved her to a different route, she insisted that she could continue to work on her previous route and was absent from work for a number of months. When the Claimant was dismissed, she claimed unfair dismissal and disability discrimination. The ET rejected her claims, and she appealed on the grounds that the ET (1) had erred in law by not fully considering a list of issues relating to her disability that had previously been agreed between the parties, and (2) had not sufficiently analysed a particular finding of failure by the Respondent to make a reasonable adjustment.

The EAT held that the ET had not erred in law in respect of either ground of appeal.

Employment Claims without a Lawyer 2nd edition published March 2018

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