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 irreducible minimum capacity required of the job. The Code of Practice could not be used as an aid to interpreting the statute. It offered practical guidance only, and itself acknowledged that the primary onus of interprtation fell on courts and tribunals. The offer of entirely different work was not a requirement of the statute.
Judges:
Lord Hamilton And Lord Macfadyen And Lord Mccluskey
Citations:
[2003] ScotCS 308, Times 23-Jan-2004
Links:
Statutes:
Employment Tribunal Act 1996 37, Disability Discrimination Act 1996 6
Jurisdiction:
Scotland
Citing:
Appeal from – Archibald v Fife Council EAT 12-Dec-2002
EAT Disability Discrimination – Adjustments
EAT Disability Discrimination – Reasonable adjustments. . .
Cited by:
Appeal from – Archibald v Fife Council HL 1-Jul-2004
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 . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 22 May 2022; Ref: scu.190762
