Duty to make adjustments also applies to hearings

A failure to make reasonable adjustments in the disciplinary process for a profoundly deaf employee made his dismissal unfair and amounted to disability discrimination, the Employment Appeal Tribunal (EAT) has ruled.

Mr Taylor was dismissed for misconduct for misuse of his employer's e-mail system, but was not provided with an interpreter or written details of the allegations at his investigation or disciplinary hearings.

A tribunal found that he had experienced particular difficulty lip-reading the disciplining manager, and had not fully understood what happened at the disciplinary hearing - including the fact that he had been dismissed.

The EAT held that at least part of the reason for Taylor's dismissal was his inability to participate effectively in the disciplinary process or explain matters that were put to him. His dismissal was therefore both unfair and discriminatory.

OCS Group v Taylor UKEAT/0803/04