Search
Close this search box.

Warning not a consequence of disability where mistaken belief work conditions were worse 

In IForce Ltd v Wood, W has osteoarthritis. She perceived that her symptoms worsened in cold and damp weather. IFL asked all its workers to move between work benches, including those by the loading doors. W refused as she believed this would require her to work in colder, damper conditions.
dismissal

In IForce Ltd v Wood, W has osteoarthritis. She perceived that her symptoms worsened in cold and damp weather. IFL asked all its workers to move between work benches, including those by the loading doors. W refused as she believed this would require her to work in colder, damper conditions. However, IFL’s investigations showed that temperature and humidity levels were hardly any different throughout the warehouse and W was issued with a written warning. The EAT overturned an ET’s decision that the warning was unfavourable treatment arising in consequence of W’s disability. There had to be some connection between the refusal to work at benches near the loading doors and W’s disability. But even though W believed her condition might worsen if she was required to work in colder and damper conditions, this was not what IFL was requiring her to do; the working conditions were not substantially different, so there was no connection between her refusal and her disability.


The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more 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

Building resilience is more than just yoga and mindfulness sessions

19 April 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

The University of Manchester – Director's OfficeSalary: Competitive This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court

Work with directors and teams to develop and deliver the EDI strategy. Ensure directors and teams are trained and confident to champion EDI across all

Role: Human Resources Director Location: London Salary: Up to £85,000 Bonus & Benefits An exciting opportunity has arisen for an experienced HR Director to join

Moulton CollegeSalary: £30,203 to £34,022 pa This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE