Bruce v Chamberlain & Anor Rev 1

Bruce v Chamberlain & Anor Rev 1

The selection criteria imposed by the respondents did not relate to Mr. Bruce's disability and did not place him at a substantial disadvantage due to his disability. Therefore, no duty arose under section 6 of the Disability Discrimination Act 1995 to make reasonable adjustments. The argument advanced by Mr. Bruce was previously rejected in Bruce v Cavalier and Thompsons, and there was no reasonable prospect of success in the appeal. The application for permission to appeal was refused.

Parties
Appellant: Mr V M S Bruce; 1st Respondent: Mr A M J Chamberlain; 2nd Respondent: Addleshaw Goddard & Co
Jurisdiction
England and Wales
Judgment Date
29 July 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Reasonable Adjustments, Disability Discrimination in Employment, Strike Out Applications, Doctrine of Precedent
Employment Law Disability Discrimination Reasonable Adjustments Disability Discrimination in Employment Strike Out Applications Doctrine of Precedent

Case Brief

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Parties

Mr V M S Bruce

Appellant

Mr A M J Chamberlain

1st Respondent

Addleshaw Goddard & Co

2nd Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the respondents were required under section 6 of the Disability Discrimination Act 1995 to make reasonable adjustments to selection criteria for a disabled job applicant
  2. 2 Whether the selection criteria imposed a substantial disadvantage related to the applicant's disability
  3. 3 Whether the doctrine of precedent from Bruce v Cavalier and Thompsons applies to the present case

Ratio Decidendi

The selection criteria imposed by the respondents did not relate to Mr. Bruce's disability and did not place him at a substantial disadvantage due to his disability. Therefore, no duty arose under section 6 of the Disability Discrimination Act 1995 to make reasonable adjustments. The argument advanced by Mr. Bruce was previously rejected in Bruce v Cavalier and Thompsons, and there was no reasonable prospect of success in the appeal. The application for permission to appeal was refused.

Court Disposition

permission to appeal refused

Orders

  • Application for permission to appeal refused.
  • Permission to appeal to the House of Lords refused.