Environment Agency v Rowan [2008] IRLR 20, [2007] All ER (D) 22 (Nov)
An employment tribunal considering a claim that an employer has discriminated against an employee pursuant to the Disability Discrimination Act 1995, s 3A(2) by failing to comply with the s 4A duty must identify:
(i) the provision, criterion or practice applied by or on behalf of an employer, or
(ii) the physical feature of premises occupied by the employer,
(iii) the identity of non-disabled comparators (where appropriate), and
(iv) the nature and extent of the substantial disadvantage suffered by the claimant.
It should be borne in mind that identification of the substantial disadvantage suffered by the claimant may involve a consideration of the cumulative effect of both the “provision, criterion or practice applied by or on behalf of an employer” and the “physical feature of premises”, so it is necessary to look at the overall picture. Unless the employment tribunal has identified these four matters, it cannot go on to judge if any proposed adjustment is reasonable.
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