O’Flynn v Pat McDonnell Paint Sales Limited [2013]

  • Case Reference
    DEC-E2013-078
  • Legal Body
    Equality Tribunal
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Disability; Reasonable accommodation

This is yet another case where the Humphries v Westwood Fitness Club is central to considerations.  The complainant was employed with the respondent since 1997, originally as a driver and later as a sales assistant.  The complainant had to go on sick leave in September 2008 suffering from varicose veins and had three operations after which his surgeon was reluctant to operate again.  On 20 April 2009 his GP stated that the complainant’s condition “would be exacerbated by prolonged periods of standing” and that he was unfit to return to work.

 

The employer sent the

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This article is correct at 20/09/2013
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.