17th August, 2011

Nigel Grundy - Smith v Salford NHS Primary Care Trust

Nigel Grundy has represented Salford NHS Primary Care Trust in their successful appeal in the Employment Appeal Tribunal against a finding of the Employment Tribunal that they had failed in their duty to make reasonable adjustments for a disabled person and constructively dismissed her. The case is a helpful reminder that there are limits to what an employer is expected to comply with and its duty to make reasonable adjustments. The EAT held that a failure to make proposals for rehabilitation or offer a career break did not place the PCT in breach of its duty. The EAT also held that the test for a constructive dismissal claim is an objective and not a subjective one.



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