Disability discrimination: Tribunal failed to consider whether adjustment would prevent disadvantage

An employment tribunal erred in law, holds the EAT in Johnson & Johnson Medical Ltd v Filmer 200.9.01 EAT 1087/00. The tribunal failed to have regard to the extent to which making an adjustment to disciplinary procedures in order to prevent those procedures from placing an employee, who was disabled by depression and unfit to attend a disciplinary hearing, at a substantial disadvantage in comparison with non-disabled persons, would have prevented the disadvantage in question.