Law v Pace Micro Technology Plc [2004] EWCA Civ 923 (15 July 2004)

Law v Pace Micro Technology Plc [2004] EWCA Civ 923 (15 July 2004)

The appeal must be allowed because the employment tribunal erred in law by applying the justification defence under s5(4) to failure to make reasonable adjustments, contrary to the binding authority of Collins v. Royal National Theatre. The tribunal correctly found it was reasonable for Pace to offer Law a part-time post, and Pace had actual or constructive knowledge of Law's disability.

Citation
[2004] EWCA Civ 923
Parties
Appellant: David Law; Respondent: Pace Micro Technology PLC
Jurisdiction
England and Wales
Judgment Date
15 July 2004
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Unfair Dismissal, Reasonable Adjustments, Justification Defence, Knowledge of Disability
Employment Law Disability Discrimination Unfair Dismissal Reasonable Adjustments Justification Defence Knowledge of Disability

Case Brief

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Parties

David Law

Appellant

Pace Micro Technology PLC

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Pace Micro Technology PLC discriminated against David Law by failing to make reasonable adjustments under the Disability Discrimination Act 1995
  2. 2 Whether the justification defence under s5(4) applies to failure to make reasonable adjustments
  3. 3 Whether Pace had actual or constructive knowledge of David Law's disability

Ratio Decidendi

The appeal must be allowed because the employment tribunal erred in law by applying the justification defence under s5(4) to failure to make reasonable adjustments, contrary to the binding authority of Collins v. Royal National Theatre. The tribunal correctly found it was reasonable for Pace to offer Law a part-time post, and Pace had actual or constructive knowledge of Law's disability.

Court Disposition

appeal allowed

Orders

  • Matter remitted to employment tribunal for remedies hearing
  • Permission to appeal to House of Lords refused