Nursery Officer’s Disability Discrimination Claim to be Reheard

In directing reconsideration of a local authority employee’s disability discrimination claim, the Employment Appeal Tribunal (EAT) has emphasised that the making of an assessment as to what reasonable adjustments might be made in respect of a disabled employee is not in itself capable of amounting to a reasonable adjustment (Rider v Leeds City Council).



Ms Rider, who suffers from severe asthma and a debilitating spinal condition, worked for Leeds City Council as a nursery officer at Armley Moor Children’s Centre. She had by agreement been redeployed to a different place of work after she had raised grievances against colleagues at Armley Moor. When her period of secondment ended, it was repeatedly made clear to her over several months that she was required to return to her former role. She objected to going back to work with colleagues against whom she had lodged grievances and, following a period of absence, was eventually dismissed on grounds of capability.



Her disability discrimination claim was dismissed after the Employment Tribunal accepted her employer’s plea that, on the facts of the case, there had been no imposition of a discriminatory provision, criterion or practice (PCP).



Upholding her appeal against that decision and ordering a rehearing of her case by a fresh ET, the EAT said that the requirement that she return to her original workplace without consideration of alternative posts or other reasonable adjustments was capable of amounting to the application of a discriminatory PCP.



Although Ms Rider’s employer had performed an assessment of reasonable adjustments that might be made to accommodate her, that did not amount to the making of reasonable adjustments within the meaning of Sections 3(A) and 4(A) of the Disability Discrimination Act 1995, the EAT ruled.