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Disability discrimination: Arrangements relating to disciplinary hearing did not place disabled employee at "substantial" disadvantage

This report relates to 1 case(s)

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    Cave v Goodwin [2001] EWCA Civ 391 CA (3 other reports)

    • Devil in the detail

      1 March 2002

      The complexities of the Disability Discrimination Act make it easy to slip up in practice. There are areas in which occupational health and personnel practitioners really need to be on their toes

    • Tribunal's assessment of disability was unfair

      1 July 2001

      When determining a disability discrimination claim, a tribunal should have considered the tasks the plaintiff could not, rather than could, perform. Plus, cases on constructive dismissal, disciplinary hearings and finding a race discrimination comparator.

    • Interpreting the DDA - part 2: discrimination, justification and adjustment

      1 July 2001

      The meaning of the Disability Discrimination Act 1995 (DDA) as it has been interpreted by the employment tribunals and the appellate courts is examined here in the second of a two-part series. Part One (EOR 94) looked at the meaning of "disability".

In Cave v Goodwin and another 14.3.01, the Court of Appeal confirms that an employer's refusal to allow a friend of an employee with a learning disability to accompany him at a disciplinary hearing did not place him at a "substantial" disadvantage in comparison with non-disabled persons. As an employment tribunal had properly found that to be the case, the employer's duty to make "reasonable adjustments" never arose.