Post Office v. Jones [2000] EAT 83_99_0902 (9 February 2000)

Post Office v. Jones [2000] EAT 83_99_0902 (9 February 2000)

The Employment Tribunal misdirected itself by failing to properly apply Section 6 of the Disability Discrimination Act 1995 in relation to the Post Office's duty to make reasonable adjustments for Mr Jones. The Tribunal erred by resolving the case solely on the basis of medical evidence presented at the hearing, without adequate findings on the steps taken by the employer or the reasonableness of those steps. The appeal was allowed in respect of the period after the Post Office's offer of modified duties (Period C), and the matter was remitted for rehearing. Findings of discrimination for earlier periods (A and B) were upheld.

Citation
[2000] EAT 83_99_0902
Parties
Appellant: Post Office; Respondent: Mr Jones
Jurisdiction
United Kingdom
Judgment Date
09 February 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed in part, discrimination findings for Periods A and B upheld, finding and recommendation for Period C set aside, matter remitted for rehearing before a differently constituted Tribunal if not resolved.
Legal Topics
Disability Discrimination Act 1995, Reasonable Adjustments, Justification for Discrimination, Employment Rights, Health and Safety at Work
Employment Law Disability Discrimination Disability Discrimination Act 1995 Reasonable Adjustments Justification for Discrimination Employment Rights Health and Safety at Work

Case Brief

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Parties

Post Office

Appellant

Mr Jones

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Post Office unlawfully discriminated against Mr Jones by removing him from and restricting his driving duties due to his insulin-dependent diabetes
  2. 2 Whether the Post Office fulfilled its duty to make reasonable adjustments under Section 6 of the Disability Discrimination Act 1995
  3. 3 Whether the discrimination was justified under Section 5 of the Act

Ratio Decidendi

The Employment Tribunal misdirected itself by failing to properly apply Section 6 of the Disability Discrimination Act 1995 in relation to the Post Office's duty to make reasonable adjustments for Mr Jones. The Tribunal erred by resolving the case solely on the basis of medical evidence presented at the hearing, without adequate findings on the steps taken by the employer or the reasonableness of those steps. The appeal was allowed in respect of the period after the Post Office's offer of modified duties (Period C), and the matter was remitted for rehearing. Findings of discrimination for earlier periods (A and B) were upheld.

Court Disposition

Appeal allowed in part, discrimination findings for Periods A and B upheld, finding and recommendation for Period C set aside, matter remitted for rehearing before a differently constituted Tribunal if not resolved.

Orders

  • Finding of discrimination for Periods A and B upheld
  • Finding and recommendation for Period C set aside