Employment Appeal Tribunal, 1998. Full decision: bailii.org.
The applicant was a road worker. In a redundancy situation, the employing Council preferred qualified drivers. The applicant had limited movement and grip in his right hand, stiffness in his right leg and a susceptibility to blackouts. These limitations led to his being selected for redundancy. The Industrial Tribunal dismissed his application.
On appeal the Employment Appeal Tribunal said that the provisions for making reasonable adjustments do apply to arrangements for considering whether an employment continues or is terminated, and the industrial tribunal had not considered this possibility properly.
The EAT also set out a series of sequential steps for Tribunals to follow in deciding adjustment cases.
Comment
This decision was considered by the Court of Appeal in Clark v Novacold.
