GFTU Emplaw Emplaw Emplaw

Lancashire Care NHS Foundation Trust v Reilly - Tribunal was not perverse in refusing to simply accept management opinion [2010] EAT

The EAT makes clear that a tribunal, when considering whether reasonable adjustments were made, is entitled to evaluate the evidence and not simply accept management opinion. Furthermore, an appeal should not seek to challenge factual findings by "dressingĀ up" a claim of perversity with irrelevant judicial authorities.

Nursing assistant Ms Reilly was a disabled person within the meaning of the Disability Discrimination Act 1995. She suffered dyslexia, but also, due to her various other medical conditions, she was concerned about being in a situation where she may have to restrain patients: essentially her complaint was one of discrimination by way of failure to make reasonable adjustments.She was medically suspended and an employment tribunal concluded that the Trust "closed its mind" to making adjustments necessary to resolve the situation and let her return to work.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.