header-logo header-logo

A lighter burden?

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

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

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Kingsley Napley—Jenny Higgins

Kingsley Napley—Jenny Higgins

Legal director joins regulatory practice to lead offering for actuarial sector

Bolt Burdon Kemp—Alan Collins & Danielle Vincent

Bolt Burdon Kemp—Alan Collins & Danielle Vincent

Bolt Burdon Kemp acquires Hugh James’ abuse team

NEWS
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
back-to-top-scroll