Reviews and Ratings for solicitor Elissa Thursfield, Llandudno

Thursday 13 March 2014

Employment Case Update: Disability and Reasonable Adjustments



Case Update: Disability and Reasonable Adjustments

 

Foster v Cardiff University was considered by the Employment Appeal Tribunal (EAT) recently. The issues were reasonable adjustments for chronic fatigue syndrome and how stress and anxiety affect that condition. Foster claimed stress and anxiety aggravated her condition and that work was causing this.


The employment tribunal dismissed the claimant’s disability discrimination and harassment claims. In her appeal to the EAT, the claimant argued that:
·         the tribunal made a mistake in not having regard to the effect that anxiety and stress had on her disability; and

·         the tribunal was wrong to conduct a comparison exercise between the claimant and a person who did not have her disability

The EAT held that the tribunal did not have to look at the cause of the disability, only its affect. In this instance the disability was chronic fatigue syndrome, anxiety and stress were the triggers, but were not part of the disability itself. There was no requirement for the tribunal to investigate the cause of the disability,

This decision is a helpful reminder that tribunals are not required to look into the cause of a disability. Therefore, on this analysis, a claimant suffering with liver disease caused by alcohol addiction would bring a claim for disability due to the liver disease. Even though alcohol addiction is the cause, the claimant could rely on the subsequent disease. Any such claimant would not however be able to rely on alcohol addiction as the impairment itself.   

The EAT also took the opportunity to clarify that the correct comparator in reasonable adjustment cases is a person who does not have the relevant disability.



Elissa Thursfield


 
Gamlins are the leading Employment Law specialists in North Wales. Are you having problems with employees at work? Is discrimination a problem in your workplace, or do you have difficulty getting your employer to recognise your disability? We can help you and provide clear, concise and accurate advice to suit your needs.