Paul v National Probation Service [2004] IRLR 190 EAT

Reports relating to this case:

  • Disability discrimination: Tribunal incorrectly identified discriminatory "arrangement"

    Date:
    6 February 2004

    In Paul v National Probation Service, the EAT holds that where an employee brings simultaneous claims under s.5(1) and (2) of the Disability Discrimination Act 1995, tribunals must consider each claim separately, and must not conflate the perceived impossibility of reasonable adjustments (and consequent failure of the s.5(2) claim) with justification of discrimination under s.5(1).