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Disability discrimination: Justification depended on whether possibility of reasonable adjustments was properly considered

This report relates to 1 case(s)

In Fu v London Borough of Camden 30.1.01 EAT 1366/99, the EAT holds that an employment tribunal erred in law in not asking itself to what extent, if at all, an employee's medical condition, which had resulted in her long-term absence from work, so supervened the possibility of reasonable adjustments that her employer was justified in not making them. The essential question was whether or not the employee's dismissal, ostensibly because of an uncertain prognosis and the absence of a date for returning to work, followed a proper consideration of whether or not it was possible to make reasonable adjustments.