Law v Pace Micro Technology Plc

Law v Pace Micro Technology Plc

The employment tribunal erred in law by applying the justification defence under s5(4) to a failure to make reasonable adjustments, contrary to the binding authority of Collins. The tribunal's finding that it was reasonable for Pace to offer Mr Law a part-time post stands, and the matter should proceed to a remedies hearing.

Parties
Appellant: David Law; Respondent: Pace Micro Technology PLC
Jurisdiction
England and Wales
Judgment Date
15 July 2004
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal allowed
Legal Topics
Unfair Dismissal, Duty to Make Reasonable Adjustments, Justification Defence, Knowledge of Disability
Employment Law Disability Discrimination Unfair Dismissal Duty to Make Reasonable Adjustments Justification Defence Knowledge of Disability

Case Brief

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Parties

David Law

Appellant

Pace Micro Technology PLC

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the employer failed to make reasonable adjustments for a disabled employee under the Disability Discrimination Act 1995
  2. 2 Whether the employer could justify its failure to make adjustments under s5(4) of the Act
  3. 3 Whether the employer had actual or constructive knowledge of the employee's disability

Ratio Decidendi

The employment tribunal erred in law by applying the justification defence under s5(4) to a failure to make reasonable adjustments, contrary to the binding authority of Collins. The tribunal's finding that it was reasonable for Pace to offer Mr Law a part-time post stands, and the matter should proceed to a remedies hearing.

Court Disposition

appeal allowed

Orders

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