Balancing exercise necessary

This report relates to 1 case(s)

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  Baynton v Saurus General Engineers Ltd [1999] IRLR 604 EAT (1 other report)

  • Disability discrimination: Proper approach to justification of discriminatory treatment

    Date:

    1 November 1999

    In judging whether or not the reason for discriminatory treatment is both material to the circumstances of the particular case and substantial, so as to be justified within the meaning of the Disability Discrimination Act 1995, employment tribunals must carry out a balancing exercise between the interests of the disabled person and the interests of the employer, holds the EAT in Baynton v Saurus General Engineers Ltd.