A tribunal considering a claim of disability discrimination should best consider the various statutory elements in the order given in the Act, so as to avoid confusion in unraveling what is a complex statutory structure. The wide language of section 6(2) and 6(3) is capable of applying to a ‘dismissal situation’. Although section 6 makes no express mention of dismissal, termination of service or redundancy, the Code of Practice assumes that section applies to a dismissal in the circumstances of the applicant in that case. ‘Arrangements on which employment . . is offered or afforded’ include alternatives to dismissal, such as are mentioned in section 6(3)-allocation of the disabled person’s duties to another person, assigning him to a different place of work or transferring him to fill an existing vacancy.
Judges:
Bell J
Citations:
Times 11-May-1998, [1998] UKEAT 1279 – 97 – 0105, [1998] ICR 1023
Links:
Statutes:
Disability Discrimination Act 1995 5 6
Cited by:
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 – 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 . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 19 May 2022; Ref: scu.83862
