Cummins v Ministry of Defence

Employment – Disability. The employment tribunal dismissed the employee's complaints of, among other things, unfair dismissal. However, it decided that the employer had breached its duty to make reasonable adjustments in respect of the employee's disability. The employee appealed on the ground that, having made that finding, the employer ought to have considered whether the employer had discriminated against her under s 39(2)(c) and 7(b) of the Equality Act 2010. The employer appealed on the basis that the tribunal had failed to make proper findings as to whether the adjustments sought by the employee had in fact been reasonable. The Employment Appeal Tribunal allowed both appeals and remitted the matter to the same tribunal for consideration.

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