The Claimant was employed by Luton Borough Council and suffered from depression and arthritis amounting to a disability.
During a department restructuring, the Claimant was required to apply and be interviewed for a role within the new structure. Reasonable adjustments were made to enable him to participate in the interview process, such as allowing him extra time to apply.
The Claimant did not attend for interview when required and supplied a sick note from his GP. Despite enquiries from the Respondent, he did not reply to the question of when he would be able to attend the interview. This delayed the Respondent’s ability to reach a conclusion on the thirteen other candidates for the role.
The Respondent set a deadline for attending interview which the Claimant did not meet and he was made redundant. The EAT dismissed his claim that the Respondent had failed to make reasonable adjustments as he was not placed at a substantial disadvantage by the PCP. He was also found to have voluntarily chosen not to attend the interview. The Claimant was found to have stated in an email that even if he had not been off sick he still would not have attended. The reason for non-attendance was not therefore caused by, or related to his disability. The appeal was dismissed.