Smith v Churchill's Stairlifts PLC [2005] EWCA Civ 1220 | Practical Law

Smith v Churchill's Stairlifts PLC [2005] EWCA Civ 1220 | Practical Law

In Smith v Churchill's Stairlifts PLC the Court of Appeal found that the EAT had erred in failing to take into account the different legal tests under the Disability Discrimination Act 1995 for reasonabless (for the purposes of the duty to make reasonable adjustments) and justification (in relation to less favourable treatment). The test for reasonableness is objective while the test for justification is subjective. The employment tribunal had also incorrectly defined the arrangements which put the disabled job applicant at a substantial disadvantage and the pool of comparators against whom that disadvantage was to be judged, which affected the finding on reasonable adjustments. The Court of Appeal allowed the claimant's appeal and substituted a finding that there had been a breach of the duty to make reasonable adjustments to the requirements of the job and that the less favourable treatment of the applicant, in withdrawing an offer of employment, was therefore not justified.

Smith v Churchill's Stairlifts PLC [2005] EWCA Civ 1220

Practical Law Resource ID 1-365-6972 (Approx. 2 pages)

Smith v Churchill's Stairlifts PLC [2005] EWCA Civ 1220

by PLC Employment
Published on 27 Oct 2005England, Wales
In Smith v Churchill's Stairlifts PLC the Court of Appeal found that the EAT had erred in failing to take into account the different legal tests under the Disability Discrimination Act 1995 for reasonabless (for the purposes of the duty to make reasonable adjustments) and justification (in relation to less favourable treatment). The test for reasonableness is objective while the test for justification is subjective. The employment tribunal had also incorrectly defined the arrangements which put the disabled job applicant at a substantial disadvantage and the pool of comparators against whom that disadvantage was to be judged, which affected the finding on reasonable adjustments. The Court of Appeal allowed the claimant's appeal and substituted a finding that there had been a breach of the duty to make reasonable adjustments to the requirements of the job and that the less favourable treatment of the applicant, in withdrawing an offer of employment, was therefore not justified.