CAPABILITY AND DISABILITY DISCRIMINATION

摘要

In Shah v TIAA Limited~1, the Employment Appeal Tribunal (EAT) has held that the employment tribunal was correct in deciding that an employee's dismissal on capability grounds was fair and not discriminatory, despite her not being off work and her being capable of carrying out some of her duties. The employment tribunal was also correct to find that there had been no failure to make reasonable adjustments or harassment. The claimant had long-term back problems, which limited her ability to travel for work as an auditor.