Reasonable adjustments could play a diminishing role in capability dismissal claims, says Charles Pigott
General Dynamics Information Technology Ltd v Carranza UKEAT/0107/14, [2014] All ER (D) 216 (Oct) is the latest decision to assess whether an employer dismissing a disabled worker because of poor attendance is in breach of disability discrimination legislation, now consolidated in modified form in the Equality Act 2010 (EqA 2010).
Mr Carranza’s story
Mr Carranza, originally an employee of the London Borough of Lambeth, had a long history of poor attendance. These were mainly, but not entirely, due to stomach adhesions, which his employer accepted meant he was a disabled person. After absences totalling more than 41 weeks over three years he was given a final written warning, effective for two years.
Shortly afterwards, his employment was transferred to General Dynamics. Following two relatively short periods of disability-related absence, Carranza injured his shoulder which resulted in three months off work. On his return, he was assessed by a senior occupational physician who concluded that while the shoulder injury
.tmb-mov69x69.jpg?sfvrsn=3d1684d4_1)
