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The
Employment Appeal Tribunal held that the employer did not consider its duty to adjust. It could not argue that it had no duty to accommodate Mr Paul, because a minimum step would be to look at what was possible. The simple first steps included getting advice from the claimant's own consultant and
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Mr Paul was chronically depressed, and was turned down for a job at the
National Probation Service. This was on the basis of the employer's own medical report. But they did not go to ask the applicant's own doctor, or take steps to investigate how far the illness actually affected Mr Paul's potential
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case, concerning the duty of an employer to make reasonable adjustments to accommodate employees with disabilities.
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work capability. Mr Paul claimed constructive dismissal under the
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thinking about ways the job may also have been changed.
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79:Disability Discrimination Act 1995
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57:Paul v National Probation Service
21:Paul v National Probation Service
148:Employment Appeal Tribunal cases
143:United Kingdom equality case law
100:UK employment discrimination law
153:2003 in United Kingdom case law
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127:National Probation Service
30:Employment Appeal Tribunal
110:Human Rights Act 1998
62:UKEAT 0290_03_1311
48:UKEAT 0290_03_1311
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39:13 November 2003
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85:Judgment
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36:Decided
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72:Facts
64:is a
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