Burke v The College of Law & Anor [2011] UKEAT 0301_10_0803 (8 March 2011)

Burke v The College of Law & Anor [2011] UKEAT 0301_10_0803 (8 March 2011)

The time requirement for LPC examinations is a competence standard; therefore, no duty to make reasonable adjustments applies. Adequate reasonable adjustments were made for supervision and location, including extra time, breaks, and accommodation. The appeal is dismissed as the Tribunal correctly applied the law and considered the evidence.

Citation
[2011] UKEAT 0301_10_0803
Parties
Appellant: Mr Burke; First Respondent: College of Law; Second Respondent: Solicitors Regulation Authority
Jurisdiction
United Kingdom
Judgment Date
08 March 2011
Procedural Posture
Employment Appeal Tribunal / Appeal
Outcome
Appeal dismissed
Legal Topics
Reasonable Adjustments, Competence Standards, Qualification Bodies, Examination Arrangements
Disability Discrimination Employment Law Education Law Reasonable Adjustments Competence Standards Qualification Bodies Examination Arrangements

Case Brief

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Parties

Mr Burke

Appellant

College of Law

First Respondent

Solicitors Regulation Authority

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal

Legal Issues

  1. 1 Whether the time requirement for LPC examinations is a competence standard under s.14A(5) DDA 1995
  2. 2 Whether the supervision and location requirements are competence standards
  3. 3 Whether reasonable adjustments were required or adequately made for the appellant's disability

Ratio Decidendi

The time requirement for LPC examinations is a competence standard; therefore, no duty to make reasonable adjustments applies. Adequate reasonable adjustments were made for supervision and location, including extra time, breaks, and accommodation. The appeal is dismissed as the Tribunal correctly applied the law and considered the evidence.

Court Disposition

Appeal dismissed