EAT on 1st November 2007, reported at [2008] ICR 218 and at [2008] IRLR 20

NOTES

  • Environment Agency v Rowan EAT [2008] ICR 218 on 1st November 2007, also reported at [2008] IRLR 20
  • the full text of this judgment is available free of charge on the BAILII website

    Representation:

  • Ms S. Moore instructed by the Environment Agency Legal Services, Rio House, Waterside Drive, Aztec West Almondsbury, Bristol BS32 4UD for the Environment Agency
  • Mr S. John instructed by Messrs Shawcross Solicitors, Commercial Chambers, Commercial Road, Hereford for Mrs Rowan.
    Authority for the propositions that:-

    1. an Employment Tribunal must not make findings of a failure to make reasonable adjustments under Disability Discrimination Act 1995 s.4A without going through the process of identifying: (a) the provision, criterion or practice applied by or on behalf of an employer (or (b) the physical feature of premises occupied by the employer), (c) the identity of non-disabled comparators where appropriate and (d) the nature and extent of the "substantial disadvantage" suffered by the employee.
    2. a trial period of working from home is not of itself a "reasonable adjustment" as it is essentially the same as the obtaining of medical or other specialist reports and is no more than informative to the employer as to what steps might be "reasonable adjustments".

    For relevant general notes see Disability Discrimination/reasonable adjustments


    FINISH>
    December 2007