Latest in Employment Law>Case Law>Hainsworth v Ministry of Defence [2013] UKEATPA/0227/13/GE
Hainsworth v Ministry of Defence [2013] UKEATPA/0227/13/GE
Published on: 01/11/2013
Issues Covered: Discrimination
Article Authors The main content of this article was provided by the following authors.
Legal Island
Legal Island
Background

The President of the Employment Appeal Tribunal has ruled that the duty to make reasonable adjustments does not apply in cases of associative disability e.g. where it is a dependent of the claimant who is disabled. The claim advanced by the claimant alleged associative discrimination on the ground of disability and a failure to make reasonable adjustments on the footing that the claimant’s daughter was disabled. Her daughter suffered from Down's Syndrome and wished to have training to make her less dependent on her mother but this could not be provided in Germany where the claimant worked for the respondent. The training could be facilitated by her mother being permitted to move her place of work.

The Tribunal rejected the argument that Article 5 of the EU Directive 2000/78 extended to persons who were not in relationship with the employer. Secondly, Article 5 was insufficiently clear and precise in its language. Accordingly, the Judge thought it did not form the basis of a freestanding right in respect of which the Tribunal could adjudicate.

The claimant appealed. The EAT dismissed the appeal. The words themselves in Article 5 did not have sufficient certainty to permit the direct effect in the present circumstances upon which the claimant would have to rely. Accordingly, the Judge was entitled to reach the view he did. It was held that thee employer could not be expected to make accommodations or face a valid claim. It was, in the President's opinion, "...a step too far on the law as it stands." http://bit.ly/Hnromt

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 01/11/2013