Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Case lawEquality, diversity and inclusionDisability

Hinton v Copal Castings

by Eversheds HR Group 4 Oct 2005
by Eversheds HR Group 4 Oct 2005

Hinton v Copal Castings Limited,
EAT, at tribunal 9 March 2005, EAT website 20 September 2005

In considering whether an employer’s duty to make reasonable adjustments had arisen, the Employment Appeal Tribunal (EAT) was satisfied that the position should be judged on the employee’s actual condition, rather than what they and the employer believed at the time.

The facts

Hinton was diagnosed with diabetes which both he and the company believed to be type 1 diabetes, the implications of which would be that Hinton would have to regularly inject insulin and closely monitor his blood sugar levels. Type 1 diabetes constitutes a disability for the purposes of the Disability Discrimination Act 1995 (DDA).

After a few weeks’ absence on sick leave, the company enquired about Hinton’s progress and likely return to work. On his behalf, a request was made that he return part-time, in light of his condition. The company said it was unable to accommodate this request, but suggested he might instead apply for voluntary redundancy.

Shortly afterwards it became clear that Hinton had type 2 diabetes for which no injections or special treatment were necessary and which does not constitute a ‘disability’ under the DDA. There was no further communication from the company to resolve his position, however, and two months later Hinton resigned.

The tribunal complaint

Hinton claimed that his treatment – specifically the offer of voluntary redundancy and the failure to make reasonable adjustments by allowing him to work part-time – amounted to constructive dismissal and disability discrimination.

In the latter respect, the company was duty bound under the DDA to make appropriate, reasonable adjustments to his working arrangements. This might well have included allowing him to return to work part-time or some other flexible working arrangement. The tribunal found that the company’s failure in this respect constituted disability discrimination. It also went on to find that, by introducing voluntary redundancy and its poor handling of discussions with Hinton, the company had broken trust and confidence and constructively dismissed him.

The decision on appeal

On appeal the EAT found no fault with the tribunal, except in one critical respect. By the time of the tribunal hearing, it was apparent that Hinton did not have type 1 diabetes and accordingly was not ‘disabled’. The company argued that, in considering whether the duty to make reasonable adjustments arose, the position should be judged on the true facts of the case, rather than what the parties had believed at the time. The EAT was clear that the DDA only applies to “a person who has a disability”. Therefore, only his constructive dismissal claim was upheld.

Comment

The EAT expressed its surprise that in the 10 years since the DDA came into force, this point had apparently not arisen before. In practice, it is potentially helpful to employers who will now be let off their mistakes if an employee is found not to be disabled after all. Be aware, however, that in every other form of discrimination protection in the UK, it is individual perception that dictates liability.

Avatar
Eversheds HR Group

previous post
Usdaw seeks talks over Boots’ £7bn merger
next post
Skills timebomb threatens UK workforce productivity

You may also like

Calling someone bald is harassment, EAT confirms

1 Dec 2023

ADP recruiter for Goldman Sachs wins redundancy appeal

1 Dec 2023

Autistic surgeon wins disability discrimination claim

1 Dec 2023

Supreme Court: Deliveroo riders are not ‘workers’

21 Nov 2023

Browne Jacobson takes home 2023 Equality, Diversity and...

21 Nov 2023

Entain and McLaren F1 are favourites in the...

21 Nov 2023

Rail worker unfairly dismissed for drinking cocaine tea

20 Nov 2023

Two-thirds say periods have negative impact on work

20 Nov 2023

Working class employees earn £6k less a year

17 Nov 2023

Tribunal: stress can be disability without mental health...

17 Nov 2023

  • How to spot and tackle imposter syndrome in the workplace PROMOTED | Half of all UK adults...Read more
  • BetterMe for Business: How to Build Wellness Culture at Work PROMOTED | Ever encountered a...Read more
  • Global growth with simple HR compliance (webinar) WEBINAR | In an increasingly global marketplace...Read more
  • Talent acquisition: How AI can complement a ‘back to basics’ approach PROMOTED | Artificial intelligence is now...Read more
  • What will it mean to be an HR professional in 2024? (webinar) WEBINAR | As we approach 2024...Read more
  • HR Budget Planning for 2024: Preparing your People Strategy PROMOTED | As organisations continue to adapt...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2023

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2023 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+