Search
Close this search box.

Employer made reasonable adjustment to remove disadvantage to disabled employee in redundancy selection

n McCarthy v Jaguar Cars Ltd, McCarthy (M) is disabled

In McCarthy v Jaguar Cars Ltd, McCarthy (M) is disabled, suffering with depression. He had been absent from work due to ill health for well over a year when a redundancy situation arose. M was in a selection pool of 33 employees. The employer applied a points-scoring criteria.  M was assessed against that criteria, but he was amongst the lowest scores. M was selected for redundancy and was dismissed. The EAT agreed with the tribunal’s rejection of M’s disability discrimination complaints. M had not been directly discriminated against because of disability. M was not offered the opportunity for a secondment to another position because of a reason related to his disability, but because others were better trained and better qualified than he was. In addition, the employer had complied with the duty to make reasonable adjustments in the redundancy selection exercise. The employer had identified that the scoring criteria would put M at a substantial disadvantage and had made a reasonable adjustment by applying the criteria only to his pre-disablement employment record.


Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

Read more

Latest News

Read More

Rise in recruitment fraud must urgently be checked

28 March 2024

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

University of Cambridge – Judge Business SchoolSalary: £32,332 to £38,205 pa, pro rata This provides summary information and comment on the subject areas covered. Where

University of Cambridge – Judge Business SchoolSalary: £29,605 to £33,966 pa, pro rata This provides summary information and comment on the subject areas covered. Where

University of Oxford – Blavatnik School of GovernmentSalary: Grade 5: £28,759 – £33,966 per annum (with a discretionary range to £37,099) This provides summary information

Software Development Director (Exec Team Seat). Remote Working with Ellesmere Port Office-Based Minimum 1 Day Per Week. + Contribution towards membership fees. £120,000 – £140,000

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE