General Dynamics Information Technology v Carranza  UKEAT/0107/14
In General Dynamics Information Technology v Carranza the EAT has held that an employer was not required to disregard a final warning as a ‘reasonable adjustment’.
Mr Carranza suffered from a disability which meant that he had taken significant periods of time off work. He had additionally taken sickness absence for other ailments and he was given first a warning then a final warning for absences totalling 41 weeks over a three year period.
The EAT overturned a tribunal’s decision that the employer’s dismissal of Mr Carranza following a three month absence for a shoulder injury was disability discrimination as the employer had failed to make reasonable adjustments.