This EAT case was an appeal by the respondent against an Employment Tribunal finding that it had been guilty of disability discrimination against the applicant in three respects: in failing to allocate her a parking space in the car park at her place of work, in harassing the employee by e-mail during its capability process and by dismissing her ostensibly for capability reasons.

The claimant had worked for the respondent for a considerable period. She had been, from 1992 until 2007, a Regulatory Support Officer dealing with the regulation of hazardous waste and cross-border waste shipment. In 2007, she became an Environment Officer. She had osteoarthritis of the knees and spondylitis, which affected her back and her hip. As