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Employment – Disability. The employee had been off work with severe depression and, after a brief secondment, she had been dismissed on grounds of capability. In allowing the employer's appeal, the Employment Appeal Tribunal held that the employment tribunal had erred in its decision in respect of both failure to have made reasonable adjustments under s 20 of the Equality Act 2010 and discrimination relating to disability under s 15 of the 2010 Act. Further, the tribunal had not sufficiently demonstrated that it had had the appropriate legal test in mind in finding harassment under s 40 of the 2010 Act.
Employment – Disability. The employee had been off work with severe depression and, after a brief secondment, she had been dismissed on grounds of capability. In allowing the employer's appeal, the Employment Appeal Tribunal held that the employment tribunal had erred in its decision in respect of both failure to have made reasonable adjustments under s 20 of the Equality Act 2010 and discrimination relating to disability under s 15 of the 2010 Act. Further, the tribunal had not sufficiently demonstrated that it had had the appropriate legal test in mind in finding harassment under s 40 of the 2010 Act.
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