header-logo header-logo

05 December 2014 / Charles Pigott
Issue: 7633 / Categories: Features , Employment
printer mail-detail

A lighter burden?

Reasonable adjustments could play a diminishing role in capability dismissal claims, says Charles Pigott

General Dynamics Information Technology Ltd v Carranza UKEAT/0107/14, [2014] All ER (D) 216 (Oct) is the latest decision to assess whether an employer dismissing a disabled worker because of poor attendance is in breach of disability discrimination legislation, now consolidated in modified form in the Equality Act 2010 (EqA 2010).

Mr Carranza’s story

Mr Carranza, originally an employee of the London Borough of Lambeth, had a long history of poor attendance. These were mainly, but not entirely, due to stomach adhesions, which his employer accepted meant he was a disabled person. After absences totalling more than 41 weeks over three years he was given a final written warning, effective for two years.

Shortly afterwards, his employment was transferred to General Dynamics. Following two relatively short periods of disability-related absence, Carranza injured his shoulder which resulted in three months off work. On his return, he was assessed by a senior occupational physician who concluded that while the shoulder injury

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll