LEGAL NEWS ANOTHER CASE OF THE UNKNOWN DISABILITY

摘要

The EAT has upheld a decision of the employment tribunal in finding that an employee of a Citizens Advice Bureau (CAB) was not discriminated against and had not been constructively dismissed on grounds of her disability or a failure to make reasonable adjustments.The employer could not reasonably have been expected to know, of her disability, it said. The claimant suffered from agoraphobia and travel anxiety, but the EAT held that while she was indeed disabled, the employer had neither the actual nor constructive knowledge of her disability while she was employed so was not under a duty to make reasonable adjustments. In Wilcox vBirmingham CAB Services Ltd, Ms Wilcox worked as a debt advisor for the CAB in Birmingham city centre. In 2006, the CAB renegotiated the contracts of its debt advisers in order to reduce costs and improve efficiency. Wilcox had always travelled to work by car but in the light of her now reduced pay she felt she could no longer afford the car parking charges and made an arrangement with her immediate boss to work some of her hours at home. However, the manager had no authority to authorise this and the chief executive, Ms Davies, rescinded the move.