Department of Work and Pensions v Robinson UKEAT/0021/19/BA

Appeal against the ET’s decision allowing the Claimant’s claim under s 15 Equality Act 2010 (“EqA 2010”), and cross-appeal against the ET’s refusal of the Claimant’s claim under s 20 EqA 2010. Appeal allowed and cross-appeal dismissed.

The Claimant, who has worked for the Respondent for a number of years, developed blurred vision in one eye, which substantially affects her ability to undertake day-to-day activities and is accepted as a disability within EqA 2010. The Respondent took steps to improve her on-screen working environment, but the Claimant went on sick leave and then brought claims under s 15 EqA 2010 (discrimination because of something arising in consequence of her disability) and s 20 EqA 2010 (breach of the duty to make reasonable adjustments). The ET upheld the s 15 claim but dismissed the claim under s 20. The Respondent appealed against the decision on the s 15 claim on the ground that the ET failed to apply correctly the test of causation, and there were no facts from which the ET could decide that the Respondent had treated the Claimant unfavourably because of something arising in consequence of her disability; the Claimant cross-appealed in relation to the s 20 claim, contending that the ET's reasoning was flawed.

The EAT held that the facts found by the ET were not capable of supporting its conclusion that s 15 EqA 2010 was breached; and there was a proper evidential basis for the ET's finding that the Respondent performed fully its duty under s 20 EqA 2010 to make such adjustments as were found reasonable. Accordingly, the EAT's decision on the s 15 claim would stand and the matter would not be remitted to the ET.

http://www.bailii.org/uk/cases/UKEAT/2019/0021_19_2407.html

Published: 01/08/2019 11:38

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