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Chief Constable Of West Midlands Police v Gardner - What exactly about disability makes PCP cause substantial disadvantage? [2011] EAT

1. In a disability discrimination reasonable adjustments claim, a tribunal must identify what it is about the disability that results in the application of a provision criterion or practice (PCP) causing a substantial disadvantage;

2. Although it is not to be encouraged, a tribunal can refer to the Ogden tables, rather than the tables annexed to the Employment Tribunals guidelines on determining pension loss, provided cogent and credible reasons are given for doing so. 

Following a knee injury police officer Mr Gardner suffered absences from work. Occupational health advice was that, for a time, he was fit only for light office duties, but eventually a police medical board ruled that he was permanently unfit for operational duties and that the police authority must decide whether he could continue to be employed on his reduced duties and hours. Mr Gardner's efforts to return to work were unsuccessful; he complained about a lack of adjustments and eventually went off sick, never to return, eventually resigning.

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