Abbey National Plc v Bartlett [2000] UKEAT 1289_99_0504 (5 April 2000)

Abbey National Plc v Bartlett [2000] UKEAT 1289_99_0504 (5 April 2000)

There are arguable points that the tribunal may have erred by not distinguishing between different justifications under the Disability Discrimination Act 1995 and by not adequately considering whether the employer's actions were reasonable given the respondent's refusal of alternative employment.

Citation
[2000] UKEAT 1289_99_0504
Parties
Appellant: Abbey National Plc; Respondent: Mrs L Bartlett
Jurisdiction
United Kingdom
Judgment Date
05 April 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Disability Discrimination, Reasonable Adjustments, Dismissal for Incapacity, Justification Under Disability Discrimination Act 1995
Employment Law Disability Discrimination Reasonable Adjustments Dismissal for Incapacity Justification Under Disability Discrimination Act 1995

Case Brief

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Parties

Abbey National Plc

Appellant

Mrs L Bartlett

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the employer discriminated against the respondent contrary to the Disability Discrimination Act 1995
  2. 2 Whether the employer made reasonable adjustments or was justified in not making further adjustments
  3. 3 Whether the tribunal erred in conflating justification under s.5(1) and s.5(2) of the Disability Discrimination Act 1995

Ratio Decidendi

There are arguable points that the tribunal may have erred by not distinguishing between different justifications under the Disability Discrimination Act 1995 and by not adequately considering whether the employer's actions were reasonable given the respondent's refusal of alternative employment.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • Appeal proceeds to full hearing