header-logo header-logo

A lighter burden?

05 December 2014 / Charles Pigott
Issue: 7633 / Categories: Features , Employment
printer mail-detail

Reasonable adjustments could play a diminishing role in capability dismissal claims, says Charles Pigott

General Dynamics Information Technology Ltd v Carranza UKEAT/0107/14, [2014] All ER (D) 216 (Oct) is the latest decision to assess whether an employer dismissing a disabled worker because of poor attendance is in breach of disability discrimination legislation, now consolidated in modified form in the Equality Act 2010 (EqA 2010).

Mr Carranza’s story

Mr Carranza, originally an employee of the London Borough of Lambeth, had a long history of poor attendance. These were mainly, but not entirely, due to stomach adhesions, which his employer accepted meant he was a disabled person. After absences totalling more than 41 weeks over three years he was given a final written warning, effective for two years.

Shortly afterwards, his employment was transferred to General Dynamics. Following two relatively short periods of disability-related absence, Carranza injured his shoulder which resulted in three months off work. On his return, he was assessed by a senior occupational physician who concluded that while the shoulder injury would not persist, due to his disability his general pattern

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll