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Key Points
In Collins v Royal
National Theatre Board Ltd 1
the Court of Appeal holds:
Where an employment tribunal
has found that an employer has failed to comply with the duty under s.6 of
the DDA to make reasonable adjustments to accommodate a disabled employee,
that failure cannot then be justified under s.5(4) of the DDA.
This construction of s.5(4),
which states that a failure to comply with the s.6 duty will be justified if
the reason for the failure is both material to the circumstances of the
particular case and substantial, is more demanding than that ascribed by the
Court of Appeal in Jones v Post Office2
to the similarly worded s.5(3), which provides for a justification defence to
less favourable treatment of a disabled employee. | |
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