roberts_nwasEAT2012
EAT DISABILITY DISCRIMINATION – Reasonable adjustments
The Tribunal misapplied section 4A of the Disability Discrimination Act 1995 by holding that the provision, criterion or practice in question was not applied to the Claimant, and therefore that no duty was owed to him under section 4A. The Tribunal should have followed the statutory wording and asked whether a provision, criterion or practice applied by the Respondent placed the Claimant at a substantial disadvantage in comparison with persons who are not disabled. A provision, criterion or practice applied by the Respondent may affect a disabled person without being directly applied to him.
David Richardson J
[2011] UKEAT 0085 – 11 – 2401
Bailii
Disability Discrimination Act 1995 4A
Employment, Discrimination
Updated: 02 November 2021; Ref: scu.450485
