header-logo header-logo

11 October 2007
Issue: 7292 / Categories: Legal News , Discrimination , Employment
printer mail-detail

Mackay disability case favours employer

News

An employer’s failure to consult with a disabled employee over options available to them is not of itself a failure to make reasonable adjustments, the Employment Appeal Tribunal (EAT) has held.

In Scottish and Southern Energy plc v Mackay, the employer was held not to have breached its responsibilities under the Disability Discrimination Act 1995 for failing to explore satisfactorily with its employee—an electrician suffering a debilitating depressive illness—his commitment to employment elsewhere in the company.

The EAT confirmed that tribunals should follow the approach set out in Tarbuck v Sainsbury Supermarkets Ltd, that a failure to consult over options is not a failure to make reasonable adjustments. It ruled that Mid-Staffordshire General Hospitals NHS Trust v Cambridge should no longer be followed.

However, the EAT upheld the tribunal’s finding of unfair dismissal, despite expressing that this has “caused us some concern”.

Daniel Barnett, employment law barrister at 1 Temple Gardens, says: “It remains good practice for employers to carry out a full risk assessment; not doing so might not be discriminatory in its own right, but it runs the risk the employer might miss a reasonable adjustment and be liable as a result.”

Issue: 7292 / Categories: Legal News , Discrimination , Employment
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll