Ms Wilcox was employed by Birmingham CAB Services Ltd. CAB requested that she relocate to a different branch, and Ms Wilcox refused. Unknown to CAB, the reason was that Ms Wilcox could not use public transport as it made her feel anxious. In response CAB commenced an attendance management procedure.
Initially Ms Wilcox did not inform CAB of her travel anxiety and delayed CAB’s attempts to obtain a medical report. There was some evidence available to CAB that Ms Wilcox suffered from travel anxiety. Eventually, Ms Wilcox resigned and issued proceedings for disability discrimination on the grounds that CAB had not considered making a reasonable adjustment to her working arrangements.
The EAT agreed that Ms Wilcox’s claim should be dismissed. CAB did not know and could not reasonably have been expected to know that Ms Wilcox suffered from a disability. In these circumstances, CAB was not obliged to consider reasonable adjustments.
Comment
This case is fact-specific. However, it is clear that employees who fail to provide their employers with relevant information, or delay their employer from obtaining adequate medical advice, may find the Tribunal unsympathetic when they later attempt to bring disability discrimination claims.
Wilcox v Birmingham CAB Services Ltd UKEAT/0293/10
