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Yorkshire Housing Ltd v Cuerden - Grossing up of tribunal awards in discrimination cases [2010] EAT

(i) refusal by an employer to allow a disabled employee's solicitor to attend a meeting may amount to failure to make a reasonable adjustment;

(ii) an award by an employment tribunal in a disability discrimination case for personal injury and injury to feelings resulting from the employer's failure to make reasonable adjustments prior to the termination of the employee's employment is not taxable and therefore should not be grossed up.

This case arose from the refusal of Yorkshire Housing to allow Mrs Cuerden, who was absent on sick leave, to have her solicitor come to a meeting. Yorkshire Housing's procedures provided, as is not unusual, for employees to be accompanied only by a work colleague or trade union representative at meetings. Yorkshire Housing insisted on enforcing this procedure by not allowing her to be accompanied by a solicitor and she resigned.

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