Burke v The College of Law & Anor

Burke v The College of Law & Anor

The employment tribunal found, and the Court of Appeal agreed, that the respondents made reasonable adjustments to the examination conditions for Mr Burke, including extra time, breaks, and accommodation, and that further adjustments sought were unreasonable. Therefore, the appeal was dismissed without deciding whether the time requirement was a competence standard.

Parties
Appellant: Justin Burke; First Respondent: The College of Law; Second Respondent: Solicitors Regulation Authority
Jurisdiction
England and Wales
Judgment Date
03 February 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Reasonable Adjustments, Competence Standards, Disability Discrimination Act 1995, Equality Act 2010, Legal Practice Course Examinations
Disability Law Education Law Employment Law Reasonable Adjustments Competence Standards Disability Discrimination Act 1995 Equality Act 2010 Legal Practice Course Examinations

Case Brief

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Parties

Justin Burke

Appellant

The College of Law

First Respondent

Solicitors Regulation Authority

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the respondents failed in their duty under the Disability Discrimination Act 1995 (now Equality Act 2010) to make reasonable adjustments to LPC examination conditions for a disabled candidate
  2. 2 Whether the time requirement for LPC examinations is a competence standard exempt from the duty to make reasonable adjustments
  3. 3 Whether the adjustments made by the respondents were reasonable

Ratio Decidendi

The employment tribunal found, and the Court of Appeal agreed, that the respondents made reasonable adjustments to the examination conditions for Mr Burke, including extra time, breaks, and accommodation, and that further adjustments sought were unreasonable. Therefore, the appeal was dismissed without deciding whether the time requirement was a competence standard.

Court Disposition

Appeal dismissed