Mallon v. Corus Constructions and Industrial [2003] UKEAT 0857_02_2909 (29 September 2003)

Mallon v. Corus Constructions and Industrial [2003] UKEAT 0857_02_2909 (29 September 2003)

The employer's refusal to employ Mrs Mallon as a shift nurse was justified due to the material and substantial risk posed by her insulin-dependent diabetes, as established by a properly conducted risk assessment and supported by the overwhelming body of medical opinion. No reasonable adjustments were available that would have mitigated the risk. The early termination of the interview was part of the selection arrangements but was also justified on the facts.

Citation
[2003] UKEAT 0857_02_2909
Parties
Appellant: Mrs Susan Mallon; Respondent: Corus UK Ltd
Jurisdiction
United Kingdom
Judgment Date
29 September 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Justification Defence, Employment Selection Procedures
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Justification Defence Employment Selection Procedures

Case Brief

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Parties

Mrs Susan Mallon

Appellant

Corus UK Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether refusal to employ an insulin-controlled diabetic as a shift nurse constituted unlawful disability discrimination under the Disability Discrimination Act 1995
  2. 2 Whether the employer was justified in less favourable treatment under section 5(1)(b) of the Act
  3. 3 Whether reasonable adjustments were required and feasible under section 6(1)(a) of the Act

Ratio Decidendi

The employer's refusal to employ Mrs Mallon as a shift nurse was justified due to the material and substantial risk posed by her insulin-dependent diabetes, as established by a properly conducted risk assessment and supported by the overwhelming body of medical opinion. No reasonable adjustments were available that would have mitigated the risk. The early termination of the interview was part of the selection arrangements but was also justified on the facts.

Court Disposition

Appeal dismissed