Martin v City and County of Swansea

EAT: HHJ Tayler, UKEAT/0253/20/AT, 29 July 2021

The decision of the EAT in this case provides a useful reminder of the proper approach to the PCP in reasonable adjustment claims. EAT (judge James Tayler, sitting alone) ruled that an employment tribunal had erred in law in rejecting the claimant’s attempt to rely on, as a PCP, a Management of Absence Policy which included discretion which would have permitted, amongst other steps, the claimant’s redeployment to an alternative role. The Tribunal had ruled that the application of the policy to the claimant did not constitute the application of a PCP that placed her at a substantial disadvantage in comparison with non-disabled persons. Continue reading