Jenkins v Legoland Windsor Park Ltd [2003] UKEAT 1155_02_0307 (3 July 2003)

Jenkins v Legoland Windsor Park Ltd [2003] UKEAT 1155_02_0307 (3 July 2003)

The Tribunal's conclusion that the absence of a work-related feature in the appellant's model was not related to his disability was unsustainable. The evidence showed that most models included workplace features, and the only available explanation for the appellant's treatment was his disability. A reasonable employee would view the treatment as a detriment. Disability discrimination was established.

Citation
[2003] UKEAT 1155_02_0307
Parties
Appellant: Mr Jenkins; Respondent: Legoland
Jurisdiction
United Kingdom
Judgment Date
03 July 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
appeal allowed
Legal Topics
Disability Discrimination Act 1995, Detriment, Less Favourable Treatment, Long Service Awards
Employment Law Disability Discrimination Disability Discrimination Act 1995 Detriment Less Favourable Treatment Long Service Awards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Mr Jenkins

Appellant

Legoland

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether failure to depict appellant's model in a work-related environment amounted to disability discrimination
  2. 2 Whether appellant was subjected to detriment under section 4(2)(d) Disability Discrimination Act 1995

Ratio Decidendi

The Tribunal's conclusion that the absence of a work-related feature in the appellant's model was not related to his disability was unsustainable. The evidence showed that most models included workplace features, and the only available explanation for the appellant's treatment was his disability. A reasonable employee would view the treatment as a detriment. Disability discrimination was established.

Court Disposition

appeal allowed

Orders

  • finding of disability discrimination substituted
  • case remitted for assessment of compensation