Baynton v Saurus General Engineers Ltd [1999] IRLR 604 EAT
Reports relating to this case:
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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.
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Balancing exercise necessary
- Date:
- 1 September 1999
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.
