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Balancing exercise necessary

This report relates to 1 case(s)

In Baynton v Saurus General Engineers Ltd the EAT has ruled that in applying the test of justification under s. 5(3) of the Disability Discrimination Act 1995, an employment tribunal must carry out a "balancing exercise" between the interests of the disabled employee and the interests of the employer.

Mr Baynton's job involved driving a forklift truck and pressing pipe connections.