LIST OF CASES / Fareham College Corporation v Walters EAT 2009

EAT on 14th May 2009, reported at [2009] IRLR 991

NOTES

Fareham College Corporation v Walters EAT on 14th May 2009, reported at [2009] IRLR 991

The full text of this judgment is available free of charge on the BAILII website.

Representation:

Mr M. Salter instructed by Messrs Lyons Davidson, Solicitors, Park House, 87 Burlington Road, New Malden, Surrey KT3 4QP for Fareham College

Mr D. Dyal instructed by University and College Union, Legal Services, Carlow Street, London NW1 7LH for Ms Walters.

Authority for the proposition that:-

a failure to make reasonable adjustments in favour of an employee who is suffering from a disability can render his dismissal an unlawful act of disability discrimination if those adjustments would have avoided the dismissal (thus in appropriate cases demonstrating a way of circumventing the results of the House of Lords ruling in London Borough of Lewisham v Malcolm HL 2008 UKHL 43).

For relevant general notes see Disability Discrimination/reasonable adjustments and/or Disability Discrimination/comparator

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prepared July 2009