Disability discrimination: medical advice and the relationship between justification and reasonable adjustments
Resource type: Legal Update: Case Report
Published on 13-Feb-2007
England, Scotland, Wales
In Heathrow Express Operating Company Limited v Jenkins the EAT held that an employment tribunal was not entitled to substitute its views for that of the employer when reviewing medical advice which the employer relied on to justify the disability related dismissal of its employee. The question of justification was subjective, the employment tribunal's function was limited to reviewing the employer's decision (similar to a manner in which it applied the "band of reasonable responses" test to the question of fairness in unfair dismissal cases). In contrast, whether or not the employer had complied with its duty to make reasonable adjustments was objective.
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