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05 December 2014 / Charles Pigott
Issue: 7633 / Categories: Features , Employment
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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

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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