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Disability discrimination: Proper approach to justification of discriminatory treatment

This report relates to 1 case(s)

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 [1999] IRLR 604. The words "material to the circumstances of the particular case" must include the circumstances of both the employer and the disabled person.

Mr Baynton was employed by Saurus General Engineers Ltd ("the company") from August 1996.