In Preston v E.ON Energy Solutions, the Employment Appeal Tribunal (EAT) upheld an employment tribunal (ET) decision that the dismissal of a disabled employee was proportionate. Even if the dismissal was causally linked with his disability (the ET held that it was not), the employer had done everything it reasonably could to support his return to work. As regards the duty to make reasonable adjustments, the employer did not have the requisite knowledge of the relevant disadvantage before the employee went off sick, and had put in place reasonable adjustments prior to any expected return date. It was not disputed that Mr Preston had a disability within the Equality Act 2010 (EqA), namely primary reading epilepsy (PRE). This rare form of epilepsy was stimulated by reading. Preston was diagnosed after suffering two tonic-clonic seizures at ages 15 and 22. As a result of his condition, he also had myoclonic (brief) seizures, which could occur on a daily basis.These were described as an involuntary jaw jerk or muscle spasm. Preston also referred to them as 'absence' seizures, because for a split second he might experience a moment of apparent unconsciousness, and sometimes this might manifest in momentary confusion, alexia (inability to decipher written words) and dysphasia (difficulty in understanding and producing language). The ET found these events lasted only a split second. Preston would need to gather his thoughts before being able to continue. However, to put the scale of the seizures into context, Preston would be surprised if anyone noticed them, including a person with whom he was holding a conversation.
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