Disability discrimination: medical advice and the relationship between justification and reasonable adjustments

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.
PLC Employment


 

The full text of this resource is available by logging in or by requesting a trial. If you have any questions, please contact us or your Practical Law Account Executive.

Free trial

A free trial will give you:

Unlimited access to our online legal know-how services during the trial period
Full training and support
Four issues of Practical Law The Journal, the companion to Practical Law online
Weekly update e-mails on current legal developments in your practice area
 

Login

Subscribers and trialists can login below

Contact Us

If you need assistance logging in or have any questions about our services, please contact us.

{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1247246322669", "objName" : "Disability discrimination medical advice and the relationship be", "userID" : "2", "objUrl" : "http://us.practicallaw.com/cs/Satellite/us/resource/7-219-5974?source=relatedcontent", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "false", "analyticsPermCookie" : "23de9c37e:14894932025:-4bac", "analyticsSessionCookie" : "23de9c37e:14894932025:-4bab", "statisticSensorPath" : "http://analytics.practicallaw.com/sensor/statistic" }