Legal News

The EAT upheld an employer’s decision not to second an employee to Montenegro when the secondment was classified as ‘high risk’ to her health.

OH had disagreed with the ‘high risk’ assessment but did not have the full medical history.

The EAT held the employment tribunal was entitled to find that the employer’s decision was not a breach of s.15 EqA (discrimination arising from disability) nor the reasonable adjustment duty.

It was highly unusual – a first – for the employer that someone was classified as ‘high risk’. The employment tribunal had taken into account, for example, that if the claimant had another health episode, medical facilities in Montenegro would not have access to her medical records, and as had happened a few months before the claimant might not be in a position to communicate well about what she had done. There would not be the same joined-up services, not to mention the language difficulty, and given her health condition she might not be able to call an ambulance.

The case is Judd v Cabinet Office, 2021

More: Health and safety as a justification for disability discrimination>Judd v Cabinet Office, 2021.

Update: Also blog by Diana Kloss on this case: Protecting an employee’s health as justification for discrimination.