Podkowka v Royal Borough of Kensington and Chalsea

Employment tribunal – Procedure. The employee appealed against the dismissal of her claims for disability discrimination and harassment on the basis that: (i) during the hearing of those claims before the employment tribunal a lay member of the tribunal had fallen asleep on a number of occasions; and (ii) the tribunal had erred in law in relation to a claim of breach of the duty to make reasonable adjustments. In dismissing the employee's appeal, the EAT decided that on the evidence, it was not satisfied that the lay member in question had been asleep or inattentive in any way and further, the tribunal had dealt sufficiently with issue regarding the failure to make reasonable adjustments.

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