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Newham Sixth Form College v Sanders - Objective approach necessary when considering reasonable adjustments [2013] EAT

Objective approach is necessary when considering reasonable adjustments and the effect of a PCP on a disabled person

Ms Sanders was dismissed during her sixth month probationary period at a sixth form college, Newham. She was, it is conceded, disabled by reason of mental impairment, (a depressive illness from which she had suffered since 2005).She claimed that she had been discriminated against in Newham's failure to make reasonable adjustments for her disability; that she had been dismissed for a reason related to her disability. Newham denied those points and took issue on certain jurisdiction points. The ET found in favour of Ms Sanders on her reasonable adjustments claims but dismissed her disability-related claim. Newham appealed against the Judgment adverse to it. She brought a claim for disability discrimination, arguing that Newham should have made eight adjustments to prevent the substantial adverse effect that a PCP had upon her. The Tribunal went through each of these and found that the Respondent was under a duty to make adjustments in respect of its PCP and that it had failed so to do.

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