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Disability discrimination: Employers may justify disability discrimination ex post facto

This report relates to 1 case(s)

  • expand disabled

    Bradley v Greater Manchester Fire and Civil Defence Authority EAT/253/00 (0 other reports)

It had been open to an employer to justify its dismissal of a disabled person for incapacity even though it had not applied its mind immediately before the dismissal to what adjustments could have been made to accommodate her disability, holds the EAT in Bradley v Greater Manchester Fire & Civil Defence Authority 27.4.01 EAT 253/00. It is open to an employer to show, after the event, that it has taken all reasonable steps to comply with its duty to make reasonable adjustments or, put the other way, that there were no further steps it could reasonably have taken to remove the disadvantage at which the disabled person was placed compared with non-disabled people. To that extent, ex post facto evidence is material and admissible.