NHS Direct NHS Trust v Gunn

Employment – Continuity. The service provided by the disabled employee was transferred to a new employer which involved increased hours of work. The employee's request for a reduction in the hours of work proposed was refused. She claimed that such an increase would cancel an adjustment which had been made to her in the light of her disability and would be discriminatory. The new employer took the view that the employee did not come within any of the classes of those entitled to make a claim as set out in the Equality Act 2010. The employment tribunal disagreed and decided that her claim could proceed to a determination on its merits as she came within the terms of s 39(1) of the Act as an 'applicant' On appeal by the new employer against that decision, the Employment Appeal Tribunal upheld the tribunal's decision and dismissed the appeal.

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