The Labour Court upheld the decision against Mary Power in her disability discrimination appeal against Vialand Ltd T/A Expert Removals. The Court dated its determination 2 February 2023 and said her appeal failed. It found she had not requested working from home as a reasonable accommodation for her disability.
Power said she had asked to work from home and believed the company knew about her disability. The company disputed that she had sought a disability-related accommodation. The Court noted Power said rising Covid numbers were her reason for seeking to work from home. Her January email listed workplace safety measures but did not mention working from home or reasonable accommodation.
The Court concluded that Power had not established that she sought an accommodation arising from her disability. It upheld the adjudication officer’s finding that she had not established a prima facie case, meaning enough initial evidence to require the employer to answer the discrimination claim.