Ms. H v A Multi-National Retailer (DEC-EE2014-030)

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
Issues covered: Disability; Failure to provide Reasonable Accommodation; Disproportionate burden

The complainant was employed with the respondent since 1975 but spent the last 30 years at the Customer Service desk where she had the use of a chair.  She suffered from Osteoarthritis and in 2005 had two knee replacements.  The other disability she was found to have was a colectomy.  The complainant broke her leg and was absent from work in 2009.  She was certified as fit to return to work in July 2011, two years later.  Her doctor made three recommendations:

  • That she return to work on a phased based,
  • That she sit for periods of time and
  • That she have access to a disabled toilet.

The Equality Officer accepted that both conditions were disabilities and that the

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This article is correct at 27/05/2014

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Bernadette Treanor
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