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Disability discrimination: Tribunal could not find discrimination just from hearing parties' expert witnesses

This report relates to 1 case(s)

An employment tribunal seriously misdirected itself in concluding that an employer did not become subject to a duty under s.6 of the Disability Discrimination Act 1995 to make adjustments in relation to a disabled person, and in conducting a "quasi-s.6" exercise solely on the basis of rival experts' evidence given to it at the hearing, holds the EAT in Post Office v Jones 9.2.00 EAT 83/99. The tribunal wrongly tackled the matter, as it were, de novo, and wholly at its own discretion, without reference to the "steps" taken, or the justification put forward, by the employer.