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Disability discrimination: Tribunal incorrectly identified discriminatory "arrangement"

This report relates to 1 case(s)

  • expand disabled

    Paul v National Probation Service [2004] IRLR 190 EAT (0 other reports)

In Paul v National Probation Service 13.11.03 EAT/0290/03/RN, the EAT holds that where an employee brings simultaneous claims under s.5(1) and (2) of the Disability Discrimination Act 1995, tribunals must consider each claim separately, and must not conflate the perceived impossibility of reasonable adjustments (and consequent failure of the s.5(2) claim) with justification of discrimination under s.5(1).