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London Underground Ltd v Vuoto - Tribunal was fully entitled to reach conclusions it did on evidence before it [2010] EAT

Tribunal was fully entitled to reach conclusions it did on evidence before it - in a case which serves as a good example of how not to deal with a disabled employee.

Station Assistant Mr Vuoto was, in 2002, diagnosed with Multiple Sceloris (MS), and was thus a disabled person under the Disability Discrimination Act 1995. Adjustments (such as fixed shifts at one station only, and limited duties) were made by LUL to enable him to continue working. LUL had no problem with his absences, or the fact that he could not participate in various changes that were made to the way staff worked, until November 2006, when Mr Vuoto's manager was changed.

The new manager reviewed the situation and concluded that Mr Vuoto's fixed shifts did not fit in with any established shift patterns. He therefore asked that, to accommodate him, Mr Vuoto be treated as an "extra" member of staff - something higher management rejected (for no good reason, in the employment tribunal's subsequent view). Interviews therefore followed where Mr Vuoto's manager asked him to consider working shifts, at various locations. Mr Vuoto indicated that this removeal of his adjustments would cause him great difficulties, and also became very stressed by the whole business. Under pressure he accepted the changes, but soon went off sick.

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