The claimant was employed as a street sweeper. She suffered injury to her health making it difficult to do her work. She was dismissed, and claimed that being disabled, the employer had not made reasonable adjustments to find alternative work for her. The Council had considered her for other posts, but had held competitive interviews at which she did not succeed.
Held: The Act entails positive discrimination. Employers are required to take steps to help disabled people which they are not required to take for others. The duty is not simply to make adjustments, but rather one to make adjustments for the purpose specified. The tribunal should have asked itself whether it would have been reasonable for the employer to adjust its competitive interview policy to give effect to its duty to the claimant. The matter would have to be remitted for that consideration.
Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood
[2004] UKHL 32, Times 05-Jul-2004, [2004] ICR 954, 2004 GWD 23-505, [2004] IRLR 651, 2004 SLT 942, [2004] 4 All ER 303
Bailii, House of Lords
Disability Discrimination Act 1995, Local Government and Housing Act 1989 7
Scotland
Citing:
Appeal from – Archibald v Fife Council IHCS 9-Dec-2003
The applicant was a roadsweeper. She complained of disability discrimination, when after becoming unable to walk, her employer after considering her for other posts dismissed her for incapacity.
Held: The ability to walk was a part of the . .
Cited – Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions HL 19-Jun-2003
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation . .
Cited – Hall v Woolston Hall Leisure Limited CA 23-May-2000
The fact that an employment contract was tainted with illegality of which the employee was aware, did not deprive the employee of the possibility of claiming rights which were due to her under a statute which created rights associated with but not . .
Cited – Clark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .
Cited – Collins v Royal National Theatre Board Limited CA 17-Feb-2004
Can an employer’s failure to make adjustments to accommodate a disabled employee be unreasonable but justified?
Held: The justification under 5(2)(b) must be something other than the circumstances which are taken into account for the purpose . .
Cited by:
Cited – Saggar v Ministry of Defence CA 27-Apr-2005
The claimant sought to bring an action for race discrimination. The defendant argued that the alleged acts of discrimination took place whilst he was on a posting abroad in Cyprus after serving 16 years in England, and that therefore the tribunal . .
Cited – O’Hanlon v Revenue and Customs CA 30-Mar-2007
The claimant suffered depression, and complained that the respondent’s reduction in her pay after long periods of sickness was discriminatory. She appealed decisions that it was not. She said that a reasonable adjustment would have been to continue . .
Cited – Rothwell v Pelikan Hardcopy Scotland Ltd EAT 23-Sep-2005
EAT DISABILITY DISCRIMINATION
Reasonable adjustments
UNFAIR DISMISSAL
Procedural fairness
The claimant, who suffered from Parkinson’s Disease, claimed that he had been unfairly dismissed and . .
Cited – Hart v Chief Constable of Derbyshire Constabulary EAT 6-Dec-2007
EAT Disability discrimination – Reasonable adjustments
The Tribunal found that the Chief Constable was entitled to terminate the services of a probationary constable who could not successfully complete her . .
Cited – Hart v Chief Constable of Derbyshire Constabulary CA 24-Jun-2008
The claimant renewed her application for leave to appeal. She had been a probationary constable, but after various injuries came to suffer disability, preventing her being able to carry out the routine activities of as constable, and her employment . .
Cited – Croft Vets Ltd and Others v Butcher EAT 2-Oct-2013
EAT Disability Discrimination : Disability Related Discrimination – Reasonable adjustments – The Respondent was employed by the Appellants as a reception and finance manager. She suffered from work-related stress . .
Cited – Firstgroup Plc v Paulley SC 18-Jan-2017
The claimant wheelchair user alleged discrimination by the bus company. The space reserved for wheelchair users on a bus had been wrongly occupied by a passenger who refused to vacate the space. The claimant said that the bus driver should have . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.198539
