Employment Cases Update

Q v L UKEAT/0209/18/BA

Date published: 26/05/2020

Appeal against the ET’s decision that the Respondent discriminated against the Claimant by failing to make reasonable adjustments. Appeal allowed.

The Claimant, who is disabled by reason of Tourette's syndrome and Asperger's that cause him stress, is employed by the Respondent. He disclosed his conditions to an external provider of occupational health services for the Respondent before he commenced employment, and expected that they would be passed on to the Respondent, but they were not. The Claimant asked the Respondent to make reasonable adjustments in view of his disability, and subsequently brought various claims in the ET. Several of the claims were rejected, but the ET found that the Respondent discriminated against the Claimant by failing to make reasonable adjustments, and it made orders under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 including that the judgment would not go on the register. The Respondent appealed, contending that the ET had erred (1) in finding that the Respondent knew or should have known of the Claimant's disability, (2) in failing to find, in respect of each adjustment, the substantial disadvantage that the Claimant suffered by application of the relevant provision, criterion or practice ("PCP"), and (3) in ordering that the judgment should not go on the register (in addition to anonymisation).

The EAT held that (1) the ET had erred in holding that the Respondent was "fixed with the knowledge" of details given to occupational health, but it had been wrong to conclude that the Claimant would not have consented to the details being disclosed if requested, (2) the ET did not consider adequately or at all whether the adjustments were reasonable, balancing redressing any substantial disadvantage suffered by a person with the Claimant's disability against the reasonable needs of the Respondent, and (3) the ET made no findings of fact nor gave reasons which would support the judgment not going on the register. Accordingly, the first ground failed, the issue of reasonable adjustments would be remitted for reconsideration by a fresh ET, and the order that the judgment should not go on the register would be set aside.

Read the full text of the judgment on BAILII or download the file by clicking the link below.