This is a preview. To continue reading please log in or Register to read this article

Disability discrimination: Tribunals may not decide for themselves whether treatment was justified

This report relates to 1 case(s)

  • expand

    Jones v Post Office [2001] IRLR 384 CA (4 other reports)

    • Justifiable discrimination

      Date:
      1 August 2001

      A recent ruling by the Court of Appeal means that, in certain circumstances, discrimination against the disabled may be justifiable.

    • Interpreting the DDA - part 2: discrimination, justification and adjustment

      Date:
      1 July 2001

      The meaning of the Disability Discrimination Act 1995 (DDA) as it has been interpreted by the employment tribunals and the appellate courts is examined here in the second of a two-part series. Part One (EOR 94) looked at the meaning of "disability".

    • Test for justification

      Date:
      1 June 2001

      In Jones v Post Office the Court of Appeal has held that the test for justifying disability discrimination is similar to the range of reasonable responses test for unfair dismissal.

    • DDA test for justification

      Date:
      1 May 2001

      In Jones v Post Office (11 April 2001), the Court of Appeal explains the test for justifying disability discrimination and likens it to the range of reasonable responses test for unfair dismissal.

In Jones v Post Office 11.4.01, the Court of Appeal holds that, in order to rely on the defence of justification as defined in s.5(3) of the Disability Discrimination Act 1995, it is not enough for the employer to assert that its conduct was reasonable in a general way. It has to establish that, and the employment tribunal is confined to considering whether, the reason given for the less favourable treatment can properly be described as "both material to the circumstances of the particular case and substantial". Where a properly conducted risk assessment provides a reason that is on its face both material and substantial, and is not irrational as being beyond the range of responses open to a reasonable decision-maker, the employment tribunal must respect the employer's opinion. It cannot substitute its own appraisal of the medical evidence or make its own risk assessment.