EAT Disability Discrimination: Disability Related Discrimination – Justification
The Claimant, a serving police officer who had a disability by virtue of a serious motor cycle accident, was made subject to the ‘Unsatisfactory Performance Procedure’ laid down in the Police (Performance) Regulations 2012. He complained to the Employment Tribunal that a series of steps taken at the first and second stages of that procedure amounted to discrimination arising from disability. The Employment Tribunal unanimously held that the steps amounted to unfavourable treatment because of something arising from the Claimant’s disability. The majority held that it was the procedure, rather than its application to the Claimant, which had to be justified; and found for the Respondent on this question.
Appeal allowed. The procedure laid down in the Regulations and the policies which the Respondent developed to apply it allowed for individual assessment in each case at each stage. The steps held by the Employment Tribunal to amount to unfavourable treatment were not mandated by the procedure or by any policy of the Respondent. Section 15(1)(b) of the Equality Act 2010 required the Employment Tribunal to consider whether the treatment was justified; and in such a case as this it was not sufficient to ask whether the underlying procedure was justified. Seldon v Clarkson Wright and Jakes [2012] ICR 716 SC and Crime Reduction Initiatives v Lawrence UKEAT/0319/13 considered.
David Richardson HHJ
[2016] UKEAT 0112 – 16 – 3009
Bailii
England and Wales
Employment, Discrimination
Updated: 24 January 2022; Ref: scu.570392